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Second Appeal Brief
PA ID# 011-14400-00; City of Coral Springs
PW ID# 5849,5869,3346,3460 and 65; Debris Removal
Citation: FEMA-1545-DR-FL, FEMA-1561-DR-FL, FEMA-1602-DR-FL; City of Coral Springs (Applicant)
Cross - Private PropertyDebris Removal
Summary: In 2004 and 2005, the Applicant sustained damages to public and private property as a result of Hurricanes Frances, Jeanne and Katrina. FEMA prepared PWs 5849 and 5869 for Hurricane Frances in the amounts of $110,058 and $120,776, respectively; PWs 3346 and 3460 for DR-1561 Hurricane Jeanne in the amounts of $90,896 and $90,164, respectively; for debris removal from private property. FEMA prepared PW 65 for Hurricane Katrina in the amount of $155,762 for debris removal from public and private property. FEMA denied the reimbursement cost amounts in full for all, except for PW 65, which was reduced by $4,191. The PWs were denied because removing the debris from private roads was not the legal responsibility of the Applicant nor did the debris pose a threat to the general public. In its first appeals, the Applicant asserted that it had legal responsibility to eliminate immediate threats to life, public health and safety. The Regional Administrator denied the appeals in letters dated November 13, 2006, and January 26, 2007, stating that the Applicant did not provide specific documentation to support its claim of legal responsibility nor had it demonstrated that the debris located on private roads was a threat to the public-at-large. The Applicant requested final inspection and closeout of the actual costs for the PWs on December 19, 2008, which FEMA performed in February 2009. The Applicant submitted second appeals for FEMA-1545/1561-DR-FL on August 13, 2009, and FEMA-1602-DR-FL on January 7, 2010, following the final inspections and closeouts. The Applicant reasserted that it had the legal authority for clearing the hurricane debris based on its Comprehensive Emergency Management Plan (CEMP), Florida statutes, and its Ordinances and Resolutions from 2002 to 2008.
Issues: 1. Did the Applicant submit the second appeal within the regulatory deadline?
2. Has the Applicant demonstrated that it had legal responsibility to remove debris from private roads?
Findings: 1. No.
Rationale: 44 CFR §206.223 (a)(3), General Work Eligibility; 44 CFR §206.224 (a)(1) Debris Removal; 44 CFR §206.206, Appeals