Duluth UDC § 342.13

a. Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the City notifying the owner(s) of such abandonment, the City may remove such tower and/or antenna and place a lien upon the property for any removal cost(s) incurred or seek costs incurred through court action. The City may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the City in taking action shall not in any way waive the City’s right to take action. The City may seek to have the telecommunications facility removed regardless of the owners or operators’ intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted. b. If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this Article as if such tower or antenna were a new tower or antenna. 120 | P a g e Article Three. Restrictions on Particular Uses