Sec. 153.617 - Abandonment, removal or relocation of facilities.

(A)

Any WCF permit holder who abandons or discontinues use of a WCF for a continuous period of 90 days shall so notify the Town by certified mail within 30 days after the 90-day period.

(B)

If the Town believes a WCF has been abandoned or discontinued for a continuous period of 90 days, the Town shall send a notice of abandonment or discontinuation to the WCF permit holder stating why the Town believes the WCF to be abandoned or discontinued. Failure of the WCF permit holder to reply to the Town in writing within 30 days after receiving, rejecting, or returning the Town's certified letter shall entitle the Town to make a determination that the WCF is, in fact, abandoned or discontinued.

(C)

Upon declaration of the Town that a WCF located on public property or in the public right-of-way is abandoned or discontinued, the Town may remove the WCF and any supporting structures installed solely

in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area. The Town shall not be required to, but may at its discretion store any removed equipment. The cost of this removal and restoration work and storage, if applicable, shall be paid by the WCF permit holder, who shall be provided with an invoice by the Town. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on any related real or personal property owned by the permit holder, including but not limited to the removed equipment. The Town Clerk shall cause the lien to be recorded with the San Mateo County recorder. No person or entity may apply for a new or renewed permit under this chapter if he/she/it owes any amounts invoiced by the Town under this section.

(D)

Upon declaration of the Town that a WCF located on private property is abandoned or discontinued, the WCF permit holder or owner of the affected real property shall have 90 days from the date of the declaration or a further reasonable time as may be approved by the Planning Director, within which to complete one of the following actions:

(1)

Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

(2)

Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions of this section) and the entity immediately commences use of the WCF; or

(3)

Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.

(E)

If after the 90-day time period none of the required actions in Sections 153.617(D)(1)—(3) has occurred, the Town Council at a noticed public hearing may declare that the WCF is deemed abandoned. The Town shall provide notice of such finding to the WCF permit holder and to the telecom carrier last known to use the WCF and, if applicable, to the owner of the affected private real property, providing 30 days from the date of the notice within which to complete one of the following actions:

(1)

Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

(2)

Transfer the rights to use the WCF to another operator (who shall be subject to all the provisions of this section); or

(3)

Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.

(F)

Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the WCF and any related personal property and any private real property on which the WCF was located for the full amount of the cost of removal, repair, restoration and storage. The Town Clerk shall cause the lien to be recorded with the San Mateo County recorder.

(G)

After adequate written notice to the WCF permit holder, the Town Council may require the relocation, at the WCF permit holder's expense and according to the then-existing standards for WCFs, of any WCF located in the rights-of-way, as necessary for maintenance or reconfiguration of the Town's rights-of-way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the Town.

(H)

If an existing utility pole that hosts a WCF must be replaced, the WCF permit holder shall within 30 days after the installation of the replacement pole either relocate its WCF in the same configuration on the replacement pole, or remove the prior-existing WCF rather than relocate it, and notify the Town of the removal, and surrender its WCF permit for cancellation by the Town.

(I)

If the WCF permit holder fails to relocate or remove the WCF as required by this subsection, the Town may elect to treat the WCF as a nuisance to be abated.

(Ord. 2017-589, effective 8-24-17; Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Editor's note— See editor's note to § 153.612.