(A) The only diseased Redbay tree(s) which shall be cut and removed within the corporate boundaries of the City of Folly Beach are those trees which pose a safety threat on life or property. The only person who can make the determination is the Director of Public Works or his or her assignee.
(B) (1) (a) Any property owner whose property has Redbay trees which appear to be diseased and a safety threat to life and/or property shall notify the Director of Public Works and request an inspection of said tree. The Director or his or her assignee shall go to the property and determine:
1. If the tree is infected with the Laurel Wilt Disease; and
2. If it is a safety hazard to people or property.
(b) If the Director determines that the tree meets both criteria; then and only then shall the tree be cut and removed from the property. The infected tree(s) shall be cut into three-foot manageable sections and placed in the right-of-way. The Department of Public Works shall remove the pieces from the right-of-way and take to the site designated by the Director of Public Works. In the event the property owner of said private property requires a tree specialist to remove the tree, cut it into three-foot manageable pieces, and place it in the right-of-way, the cost of such work shall be the sole responsibility of the property owner. Under no circumstances shall the cost for any work done on private property on diseased Redbay trees be the responsibility of the City of Folly Beach.
(2) Once the decision has been made that the Redbay tree(s) is diseased and a threat to life or property and has to be cut, the Director shall serve written notice to the property owner or his or her agent by Certified Mail - Return Receipt Requested that:
(a) The Redbay tree(s) on the property located at is diseased and a safety threat to life and/or property.
(b) Three qualified tree specialists and contact numbers are listed should you need one.
(c) Infected tree(s) is to be cut into three-foot manageable pieces and placed in the right- of-way for pickup by the Public Works Department; and
(d) The Director of Public Works is to be contacted by the property owner or his or her agent within ten days of the receipt of this letter that the trees have been cut and are ready for disposal; and FINALLY
(e) It will be stated in the letter the following: After this notification, if trees are left uncut and said trees continue to be a safety threat to life or property, any person injured or property damaged shall be the sole responsibility of the property owner.
(C) If diseased Redbay tree(s) is located on public property and is a safety threat to life and/or property, Folly Beach Public Works employees who have been trained shall immediately cut any trees 12 inches or less DBH (diameter at breast height), with trees in excess of 12 inches DBH cut by an expert trained in tree cutting. Cut trees shall be removed to the site designated by Director of Public Works. The cost of any trees cut on public property shall be the sole responsibility of the City of Folly Beach.
(Ord. 02-09, passed 2-24-09; Am. Ord. 21-10, passed 9-28-10)