§ 17.34.9. Review, termination and revocation.

A.

Review. Periodic review of wireless communications facilities shall be provided in the following manner for encouraged and discouraged sites:

1.

Encouraged Sites. For encouraged site specified under Section 7.34.6(A), five years after a wireless communications facility permit is issued under this chapter, at the time specified as a condition of approval, if less than five years, or at any other earlier time if good cause exists, the carrier shall submit a report demonstrating compliance with the terms and conditions of approval of the wireless communications facility permit, and the Planning Director shall certify whether the facility remains in compliance with the terms and conditions of approval and if the facility continues to be necessary to provide wireless communications services. Compliance shall also be certified every five years thereafter.

2.

Discouraged Sites. For discouraged sites specified under Section 7.34.6(B), or for any site not explicitly encouraged under Section 7.34.6(A), three years after a wireless communications facility permit is issued under this chapter, at the time specified as a condition of approval, if less than three years, or at any other earlier time if good cause exists, the carrier shall submit a report demonstrating compliance with the terms and conditions of approval of the wireless communications facility permit, and the Planning Director shall agendize the matter as a consent item for the Planning Commission and shall certify whether the facility remains in compliance with the terms and conditions of approval and if the facility continues to be necessary to provide wireless communications services. Compliance shall also be certified every three years thereafter.

B.

Revocation.

1.

Violation of Permit. If the terms and conditions of a permit for a wireless communications facility are violated, the permit may be revoked pursuant to the revocation procedures specified by Chapter 17.44 of this title.

2.

RF Emissions Violation. In the event that total RF emissions for a cell site exceed FCC standards, the applicant shall immediately cease operation of the wireless communications facility and permit revocation procedures shall be commenced.

C.

Termination. If the use of the permitted wireless communications facility is discontinued for any reason for a period of six months, the permit shall be void, and the use shall not be resumed.

D.

Removal. If a permit under this chapter is revoked or otherwise becomes void, the wireless communications facility shall be removed from the site, and the site shall be restored to its original, preconstruction condition. For facilities on public property, this removal requirement shall be included within the terms of the lease.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))