§ 88-24.622. Discontinuation of facility use and facility abandonment.

(a)

Discontinuation of Facility Use. The following requirements apply when a permittee intends to discontinue its use of a facility:

(1)

Notice of Discontinuance of Use. At least sixty days before the final day of use, a permittee that intends to discontinue its use of any facility must provide to the zoning administrator written notice of the permittee's intent to discontinue use of the facility. A copy of the notice must be provided to the owner of the facility site if the permittee is not the owner of that site.

(2)

Removal and Restoration. Within sixty days after the final day of use, the permittee must completely remove the facility and restore the facility site to the condition it was in before the construction and installation of the facility. Within forty-eight hours after completing facility removal and facility-site restoration, the permittee must provide notice to the county that removal is complete. The county may inspect the facility site to confirm removal is complete.

(3)

Cancellation of Financial Assurances. Within thirty days after receiving a notice of completion of facility removal and facility-site restoration, the county will confirm that facility removal and facility-site restoration are complete and then return any financial assurance deposited with it, and cancel, or authorize the cancellation of, any other type of financial assurance provided by the permittee.

(b)

Facility Abandonment. If the permittee fails to remove the facility and restore the facility site to the condition it was in before the construction and installation of the facility, as provided in subsection (a), the county will consider the facility to be abandoned. The following provisions apply to an abandoned facility:

(1)

Notice of Abandonment. The county will provide the owner of the facility thirty days' advance written notice that the county deems the facility to be abandoned and that it will draw upon and use the financial assurances, as described in this subsection (b).

(2)

Removal and Restoration. If, within thirty days after the date of the notice, the owner has not commenced facility removal and facility-site restoration, the county may draw upon and use the financial assurances to complete facility removal and facility-site restoration. If the owner commences facility removal and facility-site restoration within thirty days after the date of the notice, but does not complete removal and restoration within sixty days after the date of the notice, the county, without further notice to the owner, may draw upon and use the financial assurances to complete facility removal and facility-site restoration.

(3)

Cancellation of Remaining Financial Assurances. The amount of the financial assurances used by county may not exceed the county's actual cost of facility removal and facility-site restoration. After completing facility removal and facility-site restoration, the county will return to the permittee, cancel, or authorize the cancellation of, any remaining amount of financial assurance.

(Ord. No. 2016-11, § II, 5-24-16)