9661.14. - No dangerous condition or obstructions allowed.

No person shall install, use or maintain any wireless telecommunications facility or wireless telecommunications collocation facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.15. - Permit expiration.

A.

A permit for any wireless telecommunications facility or wireless telecommunication collocation facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall expire.

B.

A permittee may apply for extensions of its permit in increments of ten (10) years no sooner than six (6) months prior to expiration of the permit; provided, however, if a request to modify an existing permit for a facility is submitted during the last two (2) years of a ten-year permit, the permittee may request an extension at that time.

C.

If feasible at the time of permit expiration, the permittee shall (1) place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground, and (2) replace larger, more visually-intrusive facilities with smaller, less visually-intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Agoura Hills Municipal Code.

D.

If a permit has not expired at the time application is made for an extension, the director may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of this Code that are in effect at the time the permit extension is granted.

At the director's discretion, additional studies and information may be required of the applicant.

2.

If the director determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of this Code that are then in effect at the time of permit expiration, the director shall refer the extension request to the appropriate reviewing authority.

3.

The reviewing authority and public hearing procedures for such extension requests shall be the same as if a new permit was requested. After notice and a public hearing, the reviewing authority may approve, conditionally approve or deny the extension.

E.

The request for an extension shall be decided by the planning commission if the permit expired before the application is made for an extension or if the director refers the matter to the planning commission. After notice and a public hearing, the planning commission may approve, conditionally approve or deny the extension.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.16. - Cessation of use or abandonment.

A.

A wireless telecommunications facility or wireless telecommunications collocation facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B.

The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of thirty (30) days or more.

C.

Failure to inform the director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

1.

Prosecution;

Revocation or modification of the permit;

3.

Calling of any bond or other assurance required by this division or conditions of approval of the permit;

4.

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

5.

Any other remedies permitted under this Code.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.17. - Removal and restoration—Permit expiration, revocation or abandonment.

A.

Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility or wireless telecommunications collocation facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure of the permittee, owner or operator to promptly remove its facility and restore the property within thirty (30) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code, and be grounds for:

1.

Prosecution;

2.

Calling of any bond or other assurance required by this division or conditions of approval of permit;

3.

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

4.

Any other remedies permitted under this Code.

C.

Summary removal. In the event the director or city engineer determines that the condition or placement of a wireless telecommunications facility or wireless telecommunications collocation facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty (60) days, the facility shall be treated as abandoned property.

D.

Removal of facilities by city. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner or operator after notice, or removed by the city due to exigent circumstances.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.18. - Appeals.

A.

Any aggrieved person may appeal a decision of the director made pursuant to this division to the planning commission.

B.

Any aggrieved person may appeal a decision of the planning commission made pursuant to this division to the city council.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.19. - Exceptions.

A.

Exceptions pertaining to any provision of this division, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority at a noticed public

hearing if the reviewing authority makes the finding that (i) denial of the facility as proposed would violate state and/or federal law, or (ii) a provision of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law. An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit or wireless telecommunications facility collocation permit.

B.

Notwithstanding any other provision of this division, a conditional use permit shall be required for a facility when an exception is requested.

C.

The applicant shall have the burden of proving that denial of the facility as proposed would violate state and/or federal law, or the provisions of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.

(Ord. No. 11-387, § 7, 8-24-2011)