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October 19, 2005 Plan Commission Minutes Page 15 of 16 administratively extended without a public hearing for a subsequent five-year term by the Zoning Administrator upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in the Zoning Code, and Federal and State regulations which are in effect at the time of permit renewal. For any subsequent five-year term, a public hearing may be required by the City Council. b. Revocation. (1) In the event the Zoning Administrator finds that the owner or operator has not maintained the facility in compliance with all applicable Code requirements, the Administrator shall initiate a procedure to revoke the conditional use permit, as outlined in Article 11, Section 34-133.4. (2) Costs associated with the process of verification of compliance and the extension or revocation of the permit shall be borne by the owner of the facility. c. Discontinuance and Removal (1) If any telecommunications antenna, tower or support structure becomes obsolete or is not used or is inactive for a period of one year it shall be shall be deemed by the Zoning Administrator to be discontinued, and the conditional use permit shall expire. Within sixty (60) days after the owner has been notified by the Zoning Administrator of the expiration of the permit, the site shall be restored to its original, pre-construction condition, or as approved by the Zoning Administrator. If the facility was located on private property, the property owner shall send written verification of site restoration to the Zoning Administrator within ten (10) days after the restoration has been completed. (2) If the owner or operator fails to remove the wireless communications facility from a privately-owned site, the property owner shall be responsible for the removal, and may use the bond provided by the facility owner or operator as required in Section 2j above. If the facility is not adequately removed, the site shall be deemed to be a nuisance, and the City may call the bond for removal or take such other action as it deems appropriate. (3) Failure to inform the Zoning Administrator of cessation of operations of any existing facility shall constitute a violation of the Zoning Code and be grounds for: (a) Revocation or modification of the permit; (b) Calling of any bond or other assurance secured by the owner pursuant to the requirements of this Section; (c) Removal of the facility; and/or (d) Prosecution. 10. Exercise of Rights K:\WPOFFICE\WPDATA\m-10-19-2005.plc.final.wpd