17.130.090 Telecommunications facilities – Standard agreements required.
A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the Planning Director prior to approval of the conditional use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunications tower, one or more new buildings/equipment enclosures larger in aggregate than 300 square feet, more than three satellite dishes of any size, or an applicant’s successors-in-interest to properly maintain the exterior appearance and ultimately remove the facility, all in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the City for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as:
1. The Planning Director has first provided the applicant the following written notices:
a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least 45 calendar days to complete it; and
b. A follow-up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the City’s intent to commence the required work within 10 working days;
2. The applicant has not filed an appeal pursuant to Chapter 17.455 SMC within 10 working days of the notice required under subsection (A)(1)(b) of this section. If an appeal is filed, the City shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the Planning Director.
B. All costs incurred by the City to undertake any work required to be performed by the applicant pursuant to the agreement referred to in to undertake any work required to be performed by the applicant pursuant to the agreement referred to in subsection A of this section including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within 10 working days of written request therefor such costs as the City reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within 10 working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the monies demanded within 10 working days. It shall further require that operation remain suspended until such costs are paid in full. (Ord. 1123 § 3 (Exh. A § 4), 2019)