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(A) Administration. The administration and enforcement of the provisions of this subchapter shall be vested in the City of Folly Beach Public Safety Department. City Public Safety officers shall have the authority to board any vessel subject to the provisions of this subchapter or to any applicable rule or regulation for the purpose of inspection or determining compliance and are empowered to issue a summons for appearance in court or make arrest for violations of this subchapter or the rules and regulations prescribed thereunder.
(B) When necessary, the Department of Public Safety may act, or may join in action with other agencies, to declare a vessel "abandoned" or "derelict," or to determine and abate any unsafe or environmentally hazardous conditions, by towing, relocating, removing any vessel, or taking any other action reasonably necessary.
(C) Public Safety shall post conspicuous notice on any vessels that are in violation of permit conditions, or that have an expired or revoked permit. Public Safety shall then continue to monitor the violating vessel until ten days have elapsed from the date of the posting. If the person in control of the vessel returns, or contacts Public Safety, and abates the violation within that time, no further actions, other than payment of accrued fees, need to be taken.
(D) If the owner of any unattended vessel anchored, moored, docked, or stored in city waters fails to respond to notices or pay fines and fees as required by this section for more than ten days from the posting, the vessel may be taken into custody by the Department of Public Safety and stored in a safe place of storage.
(E) The owner shall be responsible for the costs of towing, storage, removal, and salvage of the vessel. Any vessel towed, removed, relocated or impounded shall be subject to a lien for associated costs. The owner of the vessel may only redeem the vessel from the designated storage area upon payment of costs and fees. The city or its contractor is not liable for damages associated with towing or enforcement.
(F) If a vessel is seized and towed, Public Safety shall report the vessel to the Department of Natural Resources for owner notification. If the vessel is deemed abandoned by the Department of Natural Resources, it shall be eligible for removal in accordance with South Carolina state law.
(G) This section does not limit any other rights granted to the city or Public Safety by federal, state or local law.
(Ord. 22-20, passed 10-13-2020)