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Second Appeal Letter
PA ID# 117-78325-00; City of Winter Springs
PW ID# 159; Debris Removal from
March 11, 2010
Division of Emergency Management
State of Florida
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
RE: Second Appeal–City of Winter Springs, FL, FIPS 117-78325-00, Debris Removal from
Private Property, FEMA-1539-DR-FL, Project Worksheet 159
Dear Mr. Halstead:
This is in reference to a letter dated March 1, 2007, from David Garratt, then Acting Director of Recovery, Department of Homeland Security’s Federal Emergency Management Agency to your office, regarding the referenced appeal. Mr. Garratt informed your office of FEMA’s decision to deny the City of Winter Springs’ (Applicant) request for $379,958 for debris removal from private roads following Hurricane Charley in 2004 because the Applicant had not demonstrated that it had legal responsibility. Upon a re-review of the information and justification the Applicant supplied, we have determined that the Applicant has, in fact, demonstrated that it had legal responsibility to remove disaster-related debris from private roads.
Section 19-2 of the City Code requires all property owners to use solid waste services that the Applicant provides. The Applicant imposes a fee for providing the service. The Code does not prescribe any limit or maximum amount of material that the county will remove from the curb. Once the Applicant imposes the assessments, it is legally responsible for removing all trash, garbage, and debris, including disaster-related debris that is placed on the curb of public and private roads.
Accordingly, I have determined that the Applicant is eligible to receive reimbursement for removing debris from private roads in gated communities following Hurricane Charley. Therefore, I amend FEMA’s previous determination on this issue and approve the Applicant’s second appeal. The Regional Administrator will take appropriate action to implement this determination.
Please inform the Applicant of my determination. My determination is the final decision on this matter pursuant to 44 §CFR 206.206, Appeals.
Elizabeth A. Zimmerman
cc: Major P. May
FEMA Region IV