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<br />(1) If any telecommunications antenna, tower or support structure <br />becomes obsolete or is not used or is inactive for a period of one year it <br />shall be shall be deemed by the Zoning Administrator to be discontinued, <br />and the conditional use permit shall expire. Within sixty (60) days after <br />the owner has been notified by the Zoning Administrator of the expiration <br />of the permit, the site shall be restored to its original, pre-construction <br />condition, or as approved by the Zoning Administrator. If the facility was <br />located on private property, the property owner shall send written <br />verification of site restoration to the Zoning Administrator within ten (10) <br />days after the restoration has been completed. <br /> <br />(2) If the owner or operator fails to remove the wireless communications <br />facility from a privately-owned site, the property owner shall be <br />responsible for the removal, and may use the bond provided by the facility <br />owner or operator as required in Section 2j above. If the facility is not <br />adequately removed, the site shall be deemed to be a nuisance, and the <br />City may call the bond for removal or take such other action as it deems <br />appropriate. <br /> <br />(3) Failure to inform the Zoning Administrator of cessation of operations <br />of any existing facility shall constitute a violation of the Zoning Code and <br />be grounds for: <br />(a) Revocation or modification of the permit; <br />(b) Calling of any bond or other assurance secured by the <br />owner pursuant to the requirements of this Section; <br />(c) Removal of the facility; and/or <br />(d) Prosecution. <br /> <br />10. Exercise of Rie:hts. <br /> <br />No failure on the part ofthe City to exercise and no delay in exercising any right <br />that it has hereunder shall preclude any other or further exercise thereof or the <br />exercise of any other right of University City. <br /> <br />Section 2. This ordinance shall not be construed so as to relieve any person, firm <br />or corporation from any penalty incurred by the violation of Chapter 34, Section 34.64.4 <br />of the University City Municipal Code, nor bar the persecution of any such violation. <br /> <br />Section 3. Any person, firm or corporation violating any ofthe provisions ofthis <br />ordinance shall upon conviction thereof, by subject to the penalties provided in Chapter <br />34, Section 34.115 of the University City Municipal Code. <br /> <br />Section 4. This ordinance shall take effect and be in force from and after it <br />passage as provided by law. <br /> <br />15 <br />