03 Tower Ordinance - Laserfiche WebLink

Home Browse Search

(c) Rebuilding damaged or destroyed nonconforming WCF. Nonconfprming WCF which become damaged or destroyed due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the remaining applicable provisions of this ordinance. Sec. 28-112. Revocation of Tower User Permits. Any Tower Use Permit (TUP) issued pursuant to this ordinance may be revoked by the City Council after a hearing as provided herein. If the Council finds that any permit holder has violated any provisions of this ordinance, or has violated any federal, state, or local law or ordinance, or has failed to make a good faith reasonable effort to provide or seek collocation, the Council may revoke the aforesaid permits upon such terms and conditions, if any, that the Council may determine. Prior to initiation of revocation proceedings, the Director shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed sixty (60) days. The permit holder shall provide the Director with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the City Council shall convene a public hearing to consider revocation of said permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the City no less than ten (10) days prior to the hearing and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The City Council may impose reasonable restrictions with respect to time and procedure. Following such public hearing, the City Council shall determine, based on the findings and recommendations of the Director and other evidence as shall be heard in said public hearing, as to whether or not the aforesaid permit or permits should be revoked, suspended, or other conditions should be imposed upon the permittee as the Council shall deem appropriate. " Section 3. The various parts, sections, and clauses of this ordinance are hereby declared to be severable; if any part, sentence, paragraph, section, or clause is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 4. Any existing ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict only. Section 5. That upon the effective date of this ordinance, Ordinance No. 2001-034 which imposed a moratorium on the location of wireless telecommunications facilities in the City of Paris, shall be and is hereby in all things repealed. -14-