§ 74-388. Abandonment.

(a)

At such time that a small wind energy system is deemed to be abandoned by the community development director or his designee, a notice of abandonment shall be sent to the property owner notifying the property owner that the small wind energy system must be repaired or physically removed within 14 days.

(1)

The term "physically removed" includes, but is not be limited to:

a.

Removal of the wind turbine and tower and related above-grade structures.

b.

Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain.

(2)

Extensions of the 14-day period specified herein may be granted by the community development director at the request of the property owner if such owner demonstrates that due diligence is being exercised to place the small wind energy system back into service.

(b)

In the event that the property owner fails to repair or physically remove the small wind energy system within the 14-day period specified in the notice of abandonment, or any extension granted thereto by the community development director as set forth in subsection (a)(2) of this section, the small wind energy system shall be deemed to constitute a nuisance and shall be abated as set forth in chapter 41.

(Ord. No. 54, art. 4, § 4-706, 12-4-1958; Ord. No. 1666, 2-28-2011)