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Debris Removal from

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1539-DR
ApplicantCity of Winter Springs
Appeal TypeSecond
PA ID#117-78325-00
PW ID#159
Date Signed2010-03-29T04:00:00

Second Appeals Brief–City of Winter Springs, FEMA-1539-DR-FL
Debris Removal from Private Property, Project Worksheet (PW) 159

Appeal Letter

March 11, 2010

 

 

 

David Halstead

Interim Director

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.

Sincerely,

/s/

Elizabeth A. Zimmerman

Assistant Administrator

Recovery Directorate

cc:  Major P. May

       Regional Administrator

       FEMA Region IV