A. Any WTF permit holder who abandons or discontinues use of a WTF for a continuous period of ninety days shall so notify the city manager by certified mail within thirty days after the ninety-day period.

B. If the city manager believes a WTF has been abandoned or discontinued for a continuous period of ninety days, the city manager shall send a notice of abandonment or discontinuation to the WTF permit holder stating why the town believes the WTF to be abandoned or discontinued. Failure of the WTF permit holder to reply to the city manager in writing within thirty days after receiving, rejecting, or returning the town’s certified letter shall entitle the city manager to make a determination that the WTF is, in fact, abandoned or discontinued.

C. Upon declaration of the city manager that the WTF is abandoned or discontinued, as to private property, the WTF permit holder or owner of the affected real property shall have ninety days from the date of the declaration, or a further reasonable time as may be approved by the city manager, within which to complete one of the following actions:

D. If after the ninety-day time period set forth in subsection C of this section none of the required actions in subsections (C)(1) through (C)(3) of this section has occurred, the city council at a noticed public hearing may declare that the WTF is deemed abandoned. The city manager shall provide notice of such finding to the WTF permit holder and to the telecom carrier last known to use the WTF and, if applicable, to the owner of the affected private real property, providing thirty days from the date of the notice within which to complete one of the following actions:

E. If there is no reactivation, transfer or removal as set forth in subsection D of this section, the town may thereafter remove the abandoned WTF, repair any and all damages to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable codes. If the town removes the WTF, the town may, but shall not be required to, store the removed WTF or any part thereof, and may use it, sell it or dispose of it in any manner deemed by the town to be appropriate. The entity that abandoned the WTF, or its successor in interest, and, if on private property, the private property owner shall be jointly liable for the entire cost of such removal, repair, restoration and storage and shall remit payment to the town promptly after demand therefor is made. In addition, the city council, at its option, may utilize any financial security required in conjunction with granting the WTF permit to recover such costs.

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

G. After adequate written notice to the WTF permit holder, the city council may require the relocation, at the WTF permit holder’s expense and according to the then-existing standards for WTFs, of any WTF 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 WTF must be replaced, the WTF permit holder shall within thirty days after the installation of the replacement pole either relocate its WTF in the same configuration on the replacement pole, or remove the prior-existing WTF rather than relocate it, and notify the city manager of the removal, and surrender its WTF permit for cancellation by the city manager.

I. If the WTF permit holder fails to relocate or remove the WTF as required by this section, the town may elect to treat the WTF as a nuisance to be abated as set forth in Section 8.16.035.

J. Anyone seeking to remove a WTF for any reason must obtain prior approval from the town’s building department and comply with any other relevant laws. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)