Applicant Eligibility

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1539-DR
ApplicantBridgewater at Plantation Community Association
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#N/A
Date Signed2006-05-24T04:00:00

Citation:

FEMA-1539-DR-FL; Bridgewater at Plantation Community Association;
Eligible Applicant

Cross-reference:

Private Nonprofit Organization

Summary:

As a result of Hurricane Charlie, (FEMA-1539-DR-FL, August 13, 2004), Bridgewater at Plantation Community Association (BPCA) submitted a Request for Public Assistance (RPA) for funding for debris removal from the private roads within its community. The State denied BPCA’s RPA because BPCA is a private property owners’ association and, therefore, is not an eligible Private Nonprofit (PNP) organization. In its first appeal, BPCA stated that its roads were covered with debris, which prevented the movement of private and emergency vehicles and provided “a haven for rodents and other vermin.” BPCA stated that the City of Plantation did not remove the debris because the roads were private and, therefore, it had incurred a cost of $16,107.50 to remove the debris to eliminate the health and safety threats. FEMA denied BPCA’s first appeal on May 9, 2005, citing FEMA Recovery Division Policy #9521.3, Private Nonprofit Facility (PNP) Eligibility, paragraph 7.B(5)(i), which specifically defines facilities maintained by property owners’ associations, such as roads and recreational facilities, as facilities ineligible for Public Assistance. FEMA’s response also noted that debris removal from private property is generally not eligible for funding because legal responsibility for the debris removal lies with the private property owner. In its second appeal, BPCA contends that stating that debris removal from private property is “generally not eligible” implies that sometimes it is eligible. BPCA argues that the debris removal should be eligible in this case because BPCA could find no other sources of assistance, the debris removal was in the public interest, and the roads are under the City of Plantation’s jurisdiction with respect to garbage pickup, code enforcement, and zoning.

Issues:

(1) Is BPCA an eligible applicant for FEMA Public Assistance?

Findings:

(1) No.

Rationale:

44 CFR §206.222(b), 44 CFR §206.221(e), Recovery Division Policy #9521.3

Appeal Letter

May 24, 2006

Mr. W. Craig Fugate
State of Florida Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

Re: Second Appeal – Bridgewater at Plantation Community Association; Applicant Eligibility; FEMA-1539-DR-FL

Dear Mr. Fugate:

This letter is in response to the referenced second appeal submitted by Bridgewater at Plantation Community Association (BPCA) to your office on July 5, 2005, transmitted by your letter dated August 8, 2005. BPCA is appealing the Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance.

Your office denied BPCA’s Request for Public Assistance for debris removal from private roads by letter dated January 24, 2005, because BPCA was not an eligible Private Nonprofit (PNP) organization. The denial further stated that facilities maintained by property owners’ associations, such as roads, are not eligible PNP facilities.
In its first appeal, submitted to your office on February 11, 2005, transmitted to FEMA by your letter dated March 10, 2005, BPCA stated that its roads were covered with debris, which prevented the movement of private and emergency vehicles and provided “a haven for rodents and other vermin.” BPCA stated that the City of Plantation did not remove the debris because the roads were private; therefore, it incurred a cost of $16,107.50 to remove the debris to eliminate the health and safety threats.

On May 9, 2005, FEMA denied BPCA’s first appeal, citing FEMA Recovery Division Policy #9521.3, Private Nonprofit Facility (PNP) Eligibility, paragraph 7.B(5)(i), which designates facilities maintained by property owners’ associations, such as roads and recreational facilities, as ineligible for Public Assistance. FEMA’s response also stated that debris removal from private property is generally not eligible for funding because legal responsibility for debris removal lies with the private property owner.

In BPCA’s second appeal, dated July 5, 2005, it contends that stating that debris removal from private property is “generally not eligible” implies that sometimes it is eligible. BPCA argues that debris removal should be eligible in this case because it could find no other sources of assistance, that the debris removal was in the public interest, and that the roads are under the City of Plantation’s jurisdiction with respect to garbage pickup, code enforcement, and zoning.

Title 44 of the Code of Federal Regulations (44 CFR) § 206.222(b) requires that a PNP own or operate a PNP facility as defined in 44 CFR § 206.221(e) to be eligible for FEMA assistance. BPCA’s facilities do not meet any of the definitions of an eligible PNP facility in 44 CFR § 206.221(e). Furthermore, Section 7.B(5)(i) of FEMA Recovery Division Policy #9521.3, dated May 23, 2003, specifically designates roads maintained by property owners’associations as ineligible PNP facilities.
FEMA may reimburse a local government for removing debris from private property when it is in the public interest to do so. In these situations, the local government must have legal responsibility to remove debris from private property, and must perform the work itself or contract for the debris removal work. This was not the case with BPCA. Therefore, BPCA’s appeal is denied.

Please inform BPCA of my decision. This determination constitutes the final decision of this matter pursuant to 44 CFR § 206.206.

Sincerely,
/S/
David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

cc: Mary Lynn Miller
Acting Regional Director
FEMA, Region IV

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