§ 100-25. Revocation of permits.

A. 

A SWFP or LWFP may be revoked under the following circumstances:

(1) 

The facility has been abandoned (i.e., not used as a wireless telecommunications facility) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

(2) 

The permitted facility falls into such a state of disrepair that it creates a safety hazard;

(3) 

The facility has been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization;

(4) 

If a permitted facility is constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the permit conditions or other legal requirements, or it is determined that the applicant made materially false or misleading statements during the application process; or

(5) 

The holder of the permit fails to obtain the recertification required under § 100-11 or § 100-21, as applicable.

B. 

The Code Enforcement Officer shall notify the permit holder in writing of any violation of Subsection A, which notice shall specify the nature of the violation or noncompliance, and specify that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation or noncompliance causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer may order the violation remedied within 24 hours.

C. 

If within the period set forth in Subsection B the small wireless facilities are not brought into compliance with the provisions of this chapter, or of the permit, or substantial steps are not taken in order to bring the affected facility into compliance, then the Code Enforcement Officer may issue a written recommendation to the Zoning Board of Appeals that such permit be revoked and such wireless facility be removed pursuant to § 100-26.

D. 

Upon the receipt of a recommendation described in Subsection C, above, the Zoning Board of Appeals shall conduct a public hearing on said recommendation as soon as practicable and, based upon evidence adduced at such hearing, adopt such recommendation, in whole or in part, or reject such recommendation. If the Zoning Board of Appeals determines to revoke such permit, the owner or applicant shall remove such wireless facility in accordance with § 100-26.