30.28A.210 Ownership transfer, non-use, and abandonment.
(1) In the event a personal wireless service provider or owner transfers ownership of a facility to a different provider or owner, the new service provider or owner shall update and post the required information set forth in SCC 30.28A.200.
(2) No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the county by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. In the event that a provider fails to give notice, the facility shall be considered abandoned upon the county’s discovery of discontinuation of operations. Upon such abandonment, the provider shall have 60 days, or an additional period of time determined in the reasonable discretion of the county, within which to:
(a) Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility; or
(b) Dismantle and remove the personal wireless service facility. A base station structure does not need to be removed. If the antenna, tower, and all auxiliary support equipment are not removed within the 60-day time period, or an additional period of time allowed by the county, the county may remove such antenna, tower, and auxiliary support equipment at the provider’s expense in accordance with the enforcement provisions of chapter 30.85 SCC. If there are two or more providers collocating on a structure, then this provision shall not become effective until all providers cease using the personal wireless service facility.
(3) If abandonment of a facility occurs by all of the permittees, licensees, or owners of the base station or tower, the owner of the base station structure or tower shall remain primarily responsible if the base station or tower ceases to be used for its intended purposes by either it or other permittees or licensees for the transmission or reception of personal wireless service.
(4) The owner of a tower shall maintain the prescribed painting and/or illumination of such tower, if applicable, until it is dismantled.
(5) The county may draw upon the security device required in SCC 30.28A.190, as necessary, to cover the costs of removal of the personal wireless service facility and all auxiliary support equipment. (Added by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005; Amended by Ord. 18-011, Mar. 21, 2018, Eff date May 20, 2018).