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Exhibit 1 <br />communication facility is considered abandoned if it no longer provides <br />wireless communication service. Such removal shall be in accordance with <br />proper health and safety requirements. <br />A written notice of the determination of abandonment shall be sent or <br />delivered to the operator of the wireless communication facility. The operator <br />shall have ninety (90) days to remove the facility or provide the planning <br />division with evidence that the use has not been discontinued. The planning <br />commission shall review all evidence and shall determine whether or not the <br />facility is abandoned. All facilities not removed within the required ninety -day <br />period shall be in violation of this Code and operators of the facility and the <br />owners of the property shall be subject to penalties for violations under the <br />enforcement and penalties provisions of this article. <br />Sec.41-198.15. Same --Violations; penalties. Violations of sections 41-198 through 41- <br />198.14 shall constitute a misdemeanor punishable by fine or imprisonment or <br />both. Each day the violation continues is punishable as a separate offense <br />pursuant to section 1-8 of this Code. <br />Sec.41-198.16. Same --Severability. All of the provisions of sections 41-198 through 41- <br />198.14 shall be construed together in order to accomplish the purpose of <br />these regulations. If any provision of this part is held by a court to be invalid <br />or unconstitutional, such invalidity or unconstitutionality shall apply only to the <br />particular facts, or if a provision is declared to be invalid or unconstitutional as <br />applied to all facts, all of the remaining provisions of sections 41-198 through <br />41-198.14 shall continue to be fully effective. <br />Page 7 of 7 <br />cm\cnlr-frm\wire]ass <br />9/00 <br />25A-44 <br />