A. All owners who intend to abandon or discontinue the use of any wireless or broadcast communication facility shall notify the city of such intentions no less than 60 days prior to the final day of use.

B. Wireless or broadcast communication facilities shall be considered abandoned 90 days following the final day of use or operation.

C. All abandoned facilities shall be physically removed by the facility owner no more than 90 days following the final day of use or of determination that the facility has been abandoned, whichever occurs first. Upon written application prior to the expiration of the 90-day period, the planning director may grant a six-month extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the city subject to any conditions required to bring the project into compliance with current law(s) and make compatible with surrounding development.

D. In the event that an owner discontinues use of a wireless communication and broadcast facility for more than 90 days, has not been granted an extension of time by the planning director, and has not removed the facility, the city may declare the facility abandoned and require the property owner to remove it. An abandoned facility may be declared a nuisance subject to the abatement procedures of the city of McMinnville Code. If such structure and equipment enclosure are not so removed, the city may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which the structure(s) are situated in an amount equal to the cost of removal. Delay by the city in taking action shall not in any way waive the city’s right to take action.

E. Any abandoned site shall be restored to its natural or former condition. Grading and landscaping in good condition may remain.

F. The applicant shall submit a bond or cash deposit to be held by the city as security for abatement of the facility as specified herein. The bond or cash deposit shall be equal to 120% of the estimated cost for removal of the facility and restoration of the site. Cost estimates for the removal shall be provided by the applicant based on an independent, qualified engineer’s analysis and shall be verified by the city. Upon completion of the abandonment of the facility by the applicant as specified by this section, and inspection by the city, any bond will be released and the entirety of any cash deposit shall be returned to the applicant.