A. The owner or operator of all facilities shall, on an annual basis, submit a written report to the city, signed under penalty of perjury, which demonstrates whether or not there has been a cessation in use of the personal wireless services facility for a period of three (3) months during the prior year. Annual compliance reports shall be submitted by January 1st of each calendar year. Failure to submit a report shall be considered evidence of abandonment. Provided, however, that a facility permitted and installed within nine (9) months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

B. Any personal wireless services facility that has had no antenna mounted upon it for a period of six (6) months, or if the antenna mounted thereon are not operated for a period of three (3) months, shall be considered abandoned, and the owner thereof shall remove the facility within ninety (90) days after receipt of a notice from the city to do so.

C. In the event that more than one (1) wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.

D. If the facility and associated equipment are not removed within ninety (90) days after receipt of a notice from the city requiring said removal, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such facility is situated in an amount equal to the cost of removal. (Ord. 2144, 12/9/03)