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Citation:         FEMA-1539-DR-FL, City of Maitland, PWs 34, 1161 & 1172

Cross

Reference:     Debris Removal from Private Roads, Legal Responsibility

Summary:       As a result of Hurricane Charley, large amount of hurricane generated debris was deposited throughout the City of Maitland.  FEMA prepared PWs 34, 1161 & 1172 to reimburse the Applicant for removing debris.  Subsequently, FEMA deducted three percent of the total debris volume collected to account for debris picked up on private roads in gated communities.  On November 4, 2005, the Applicant submitted its first appeal and submitted City ordinances, Indemnification and Release Agreements and the by-laws and articles of incorporation for the Home Owner’s Associations (HOAs) for the gated communities where the debris was removed.   The Regional Administrator denied the appeal on June 20, 2006, stating that the Applicant had not shown that it was legally responsible for removing debris from private roads in gated communities. 

                        The Applicant submitted a second appeal on September 19, 2011, and reiterated its position from the first appeal that it was responsible for removing all public health and safety threats.  The documentation submitted with the appeal was the same as the first appeal. 

Issues:             1. Did the Applicant establish that the work performed was necessary to eliminate

                        an immediate threat to life, public health, safety, or improved property?

                        2. Did the Applicant demonstrate that it was legally responsible for debris removal

                        from private roads in gated communities?

Findings:         1.   Yes.

                        2.   Yes.

Rationale:       44 CFR §206.223(a)(3) General work eligibility, 44 CFR §206.224(a) Debris Removal, Public Interest