It shall be a rebuttable presumption that any such Wireless Telecommunications Facility that has not been in operation or use for more than ninety (90) continuous days or a total of one hundred-eighty (180) days in any three hundred sixty-five (365) day period shall be deemed abandoned, and the private property owner, Applicant who filed for the use or installation of the system or equipment, and the operator or owner of the system or equipment shall be responsible for removal of all structures and facilities within one hundred twenty (120) days of the date of the notice of the Director of Public Safety, or his designee, declaring the Wireless Telecommunications Facility and/or use abandoned and directing removal, and upon failure to do so the Town may take such action at the expense of the property owner, Applicant, and the operator or owner of the system or equipment, as follows:
(A) 
Notice. Written notice of the determination that the facility, system or equipment is not in operation, and the equipment and/or use has been deemed abandoned and must be removed within one hundred and twenty (120) calendar days of the date on the notice shall be mailed by the Department of Public Safety to the private property owner, the Applicant who filed for the use or installation, and owner and/or operator of the facility, system, or equipment, if known, to their last known address, by regular and certified mail, return receipt, requested. The notice shall also advise the recipient that they are entitled to a hearing on that determination before an Administrative Hearing Officer (on behalf of the Town Board) if the facility is on municipal property, municipal facilities, or using the public right-of-way, or the Zoning Board of Appeals if the facility is on private property, as the case may be, provided that written request for such a hearing is received by the Department of Public Safety within fifteen (15) calendar days of the date on the notice. If a timely request has been filed, written notice of the date, place, and time of the hearing shall be mailed to the Person(s) who have requested a hearing, or to their attorney(s), if known, along with a statement that they (a) are entitled to be represented by legal counsel at the hearing; (b) they will be provided with an opportunity to be heard and may present the testimony of witnesses, experts, and other evidence in their own behalf; and (c) that upon their failure to appear at the hearing, then in such event, the determination of the Town shall be final.
(B) 
Amendment, modification, or withdrawal. The code enforcement officer may amend or modify any notice issued if, in his judgment, the circumstances warrant such action provided the amended or modified notice is clearly marked as such and is served as provided in (A) herein within ten (10) calendar days of service of the original notice, and a hearing has not occurred. A notice may be withdrawn at any time.
(C) 
Hearing. All hearings shall be recorded, and may be adjourned only upon good cause shown and at the discretion of the Person or entity holding the hearing.
(1) 
At the hearing the Hearing Officer or Zoning Board shall consider the evidence, and may adopt or reject, in whole or in part, any portion of the code officer's determination, with or without conditions, as deemed advisable or necessary under the circumstances.
(2) 
Zoning Board. Upon a finding that the use or equipment has been abandoned, the Board may order the property owner, and/or the Applicant, operator and/or owner of the facility or equipment to demolish and remove the Telecommunications Facilities and restore the site within the time specified, and upon the failure, neglect, or refusal of such Person(s) to comply, may authorize the code officer or other town personnel, upon reasonable notice, to enter the premises and demolish and remove the same, and restore the site. The decision of the Board is final as to the Town of Huntington. The decision shall be mailed to the entity who requested the hearing or his attorney, if known, and filed in the office of the Huntington Town Clerk.
(3) 
Hearing Officer. The Hearing Officer's findings and recommendations shall be filed with the Town Clerk and mailed to those who requested the hearing or their attorney(s), if known. The Town Clerk shall forward the recommendations of the Hearing Officer to the Town Board for ultimate determination. The Town Board shall consider the evidence, and may adopt or reject, in whole or in part, any portion of the Hearing Officer's report, with or without conditions, as deemed necessary by the Board. Upon a finding that the use or equipment has been abandoned, the Board may order the Applicant, operator, and/or owner of the facility or equipment to demolish and remove the Wireless Telecommunications Facilities and restore the site within the time specified, and upon the failure, neglect, or refusal of such Person(s) to comply, may authorize the code officer or other town personnel, upon reasonable notice, to enter the premises and demolish and remove the same, and restore the site. The decision of the Board is final as to the Town of Huntington. The decision shall be mailed to the entity who requested the hearing or his attorney, if known, and filed in the office of the Huntington Town Clerk.
(D) 
Compliance. A property owner, Applicant, operator, or owner of a facility who wishes to comply with the notice of abandonment and order to remove shall notify the Director of Public Safety in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations, including demolition permits from the Building Department. Upon completion of the removal process, the site shall be restored to its original condition at the expense of the private property owner, Applicant, operator, or owner of the facility.
(E) 
Grounds for a default. The notice shall automatically become a final order if there has been no request for a hearing within the period specified, or, if having requested a hearing, there has been no appearance at the hearing by the Person who had requested it. The resulting order shall be served in the same manner as the original notice. Such Facilities shall be removed and the location restored to its original condition by the property owner, Applicant, and owner and operator of the facility or equipment, at their own cost and expense, within one hundred and twenty (120) calendar days of the date of the notice declaring the abandonment. In the event of a default, the Town is authorized, upon reasonable notice, to enter the premises and demolish and remove the same, and restore the site.
(F) 
Liability for costs. All facilities or equipment not removed within the required period shall be in violation of this chapter. In the event the Town removes abandoned equipment or facilities upon the failure of the private property owner, Applicant, operator, or facility owner to timely do so, then the private property owner, Applicant, operator, and facility owner shall be jointly and severally liable for the payment of all costs and expenses the Town incurs for the removal of the facilities and restoration of the site, if applicable, including legal fees and costs.
(G) 
Recovery of costs. The costs incurred by the Town shall be certified by the director of each town department providing services and the Town Attorney shall mail written notice of such costs by both regular mail and certified or registered mail, return receipt requested, to the property owner, Applicant, owner, or operator of the facility, as the case may be. The notice shall state that upon the failure to pay the amount certified within ten (10) days of receipt of the notice by money order, or certified or bank check the amount will be added to the tax bill or other action will be taken without further notice. Nothing contained herein shall be construed to limit the Town's remedies or bar the commencement of an action to collect the debt in lieu of a tax lien.
(H) 
Tax lien. In the event the debt is not paid within the ten (10) day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed to the last known address, such certification of costs shall be provided to the Tax Receiver, who shall cause the costs as shown thereon to be charged against such lands and/or facilities without further notice. The amount so charged shall forthwith become a lien against such lands and/or facilities, and shall be added to and become part of the taxes next to be assessed and levied, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer(s) and in the same manner as taxes.