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<br />state or federal government with authority to regulate towers and antennas. <br /> <br />Section 16. Removal of Abandoned Antennas and Towers. Any antenna or tower that <br />is not operated for a continuous period of twelve (12) months shall be considered abandoned, <br />and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt <br />of notice from the City notifying the owner of such abandonment. Failure to remove an <br />abandoned antenna or tower within the ninety (90) days shall be grounds to remove the tower or <br />antenna at the owner's expense. Alternatively, the City Manager may require a removal bond <br />from the owner. If there are two or more users of a single tower, then this provision shall not <br />become effective until all users cease using the tower. <br /> <br />Section 17. Non-conforming Uses. Towers that are constructed, and antennas that are <br />installed, in accordance with the provisions of this Ordinance shall not be deemed to constitute <br />the expansion of a non-conforming use or structure. <br /> <br />Section 18. Penalties. Any person, firm or corporation convicted of violating the <br />provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail <br />sentence, not exceeding sixty (60) days, or both, in the discretion of the Court. <br /> <br />Section 19. Repeal of Ordinances in Conflict. Upon adoption of this Ordinance, <br />Ordinance No. _, previously adopted on this matter, shall be repealed in its entirety. <br /> <br />Section 20. Inclusion in Code. The provisions of this ordinance shall be included and <br />incorporated in the Code of Ordinances of the City of Sunny Isles Beach, as an addition or <br />amendment thereto, and the sections of this ordinance shall be renumbered to conform to the <br />uniform numbering system of the Code. <br /> <br />Section 21. Severability Clause. If any phrase, clause, sentence, paragraph or section <br />of this ordinance shall be declared invalid or unconstitutional by the judgment or decree of a <br />court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the <br />remaining phrases, clauses, sentences, paragraphs or sections of this ordinance. <br /> <br />Section 22. Effective Date. This Ordinance shall become effective when passed by <br />the City Commission of the City of Sunny Isles Beach, Florida and signed by the Mayor of the <br />City of Sunny Isles Beach, Florida. <br /> <br />PASSED AND ADOPTED on first reading the I-tk day of April, 1998. <br /> <br />PASSED AND ADOPTED on second reading this 23 ,.d. da of , 1998. <br /> <br /> <br />Wireless Telecommunications Ord. <br /> <br />17 <br />