Summary: On August 13, 2004, the City of Orlando (Applicant) sustained damage from Hurricane Charley (FEMA-1539-DR-FL), resulting in downed trees and debris on public and private property. On November 22, 2004, FEMA prepared Project Worksheet (PW) 1436 for costs associated with the collection, hauling and disposal of mixed storm-related debris and tree stumps from the Ventura Country Club Community (Community). FEMA determined that $32,383 for debris hauling and stump removal was ineligible because the City did not meet the criteria for reimbursement required by 44 CFR §206.223(a) (3), §206.224, and Disaster Specific Guidances (DSGs) 8 and 17. The Applicant appealed the original decision on April 8, 2005. It claimed legal responsibility for debris removal from the private gated community on the basis of the City of Orlando Solid Waste Ordinance and on a Traffic Control Agreement between the City and the Communitys homeowners association. FEMA denied the appeal because the Applicant did not provide documentation of its legal responsibility for the removal of storm-related debris from the Communitys roads. During the appeal process, FEMA discovered that $5,875.20 was also mistakenly obligated for site management costs which were not eligible, and was subsequently de-obligated on September 2, 2005. On January 9, 2007, the City submitted a second appeal for $32,258.40; the total of the de-obligated costs.
Issues: Has the Applicant demonstrated that it has legal responsibility to remove debris from private property?
Rationale: 44 CFR §206.223, §206.224 and DSG #8, Debris Removal from Roadways in Private or gated Communities and Disaster Specific Guidance #17, Eligibility of Stump Removal Costs..