AG 2004 05 17 - Laserfiche WebLink

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13) C) The holder of a Conditional Use Permits failure to comply with provxsions of this Or&nance shall constitute a violauon of thts Ordinance and-shall subject the Apphcant to the code enforcement provisions and procedures as provided in the Cabarrus County Zoning Ordinance and/or the General Statutes of North Carohna. Notwtthstand~ng anything in th~s Ordinance, the holder of the Condtt~onal Use Permit for Wireless Telecommumcations Factht~es may not use the payment of fines, liquidated damages or other penalttes, to evade or avoid compliance with this Ordinance or any section of th~s Or&nance. An attempt to do so shall subject the holder of the Con&tlonal Use Permit to termination and revocatton of the Conditional Use Permit. The County may also seek ~njunct~ve rehef to prevent the continued violation of this Ordinance, without limiting other remedies available to the County. Section 26. Default and/or Revocation. If Wtreless Telecommunications Facilities are repaired, rebuilt, placed, moved, re-located, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this Ordinance or of the Conditional Use Permit, then the County shall notify the holder of the Conditional Use Permit tn writing of such wolat~on. Section 27. Removal of Wireless Telecommunications Facilities. A) Under the following circumstances, the County may determine that the health, safety, and welfare tnterests of the County warrant and require the removal of Wireless Telecommunications Facflmes. 1) Wireless Telecommunicattons Facilities with a permit have been abandoned 0.e. not used as W~reless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days or a total of one hundred-e~ghty (180) days in any three hundred-sixty five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repmr or removal shall commence w~th~n 90 days; 2) Permitted Wireless Telecommunications Facilities fall into such a state of dlsrepmr that ~t creates a health or safety hazard; 3) Wireless Telecommunications Facilities have been located, constructed, or modified w~thout first obtaining, or in a manner not authorized by, the reqmred Conditional Use Permit, or any other necessary authorization. 13) If the County makes such a determination as noted in subsection (A) of this section, then the County shall notify the holder of the Conditional Use Permit for the W~reless Telecommunicattons Facilities within forty-eight (48) hours that smd W~reless Telecommunications Facihties are to be removed, the County may approve an tnterim temporary use agreement/permit, such as to enable the sale of the W~reless Telecommunications Facilities. c) The holder of the Conditional Use Permit, or ~ts successors or assigns, shall dismantle and remove such Wireless Telecommunications Facilities, and all assomated structures and facilities, from the site and restore the site to as close to its original condition as ~s possible, such restoration being hmited only by physmal or commercial impracticabfltty, within mnety (90) days of recetpt of written notice from the County. However, if the owner of the property upon which the Wireless Telecommunications Facihties are located wishes to retain any access roadway to the W~reless Telecommumcations Facihties, the owner may do so w~th the approval of the County. Last Revision. 10/27/03 CMS Confidential & Proprietary 17