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Second Appeal Brief
PA ID# 111-58715-00; City of Port St. Lucie
PW ID# Project Worksheets 9094 and 6208; Debris Removal
Citation: FEMA-1545/1561-DR-FL, City of Port St. Lucie
Cross-reference: Debris on Private Roads, Legal Responsibility
Summary: In September 2004, the City of Port St. Lucie (Applicant) sustained damages to public and private property as a result of Hurricanes Frances and Jeanne. FEMA prepared PW 9094 for $592,020 to remove debris from roads within the city limits following Hurricane Frances and PW 6208 for $300,150 for the removal of debris from private roads and gated communities following Hurricane Jeanne. FEMA determined that the Applicant did not demonstrate that it had legal responsibility to remove debris from private roads as required by 44 CFR §206.223. The Applicant submitted its first appeal on February 27, 2005, claiming that its solid waste collection ordinance provided the legal responsibility for removing storm-generated debris from private roads. The Regional Director denied the Applicant’s first appeal on October 20, 2006, stating that the Applicant did not submit sufficient documentation to support its claim of legal responsibility. FEMA also determined that the Applicant had not followed the procedures necessary to gain legal responsibility as required by the city’s Code of Ordinances. The Applicant submitted its second appeal on March 9, 2007. The second appeal reasserted Applicant’s claim that its solid waste collection ordinance established its legal responsibility for post-disaster debris removal on private roads. A copy of City Ordinance #06-105 was submitted in support of that claim. The Applicant also asserts that it is not required to follow its nuisance abatement procedures to remove debris when disasters place a high concentration of debris on private roads and property. On February 14, 2008, the Applicant submitted an amendment to the second appeal citing FEMA’s decision reimbursing Martin County, Florida for debris removal from private roads.
Has the Applicant demonstrated that it had legal responsibility to remove debris from private roads?
Rationale: 44 CFR §206.223(a)(3); FEMA 1539/1545/1551-DR-FL, Disaster Specific Guidance #8, dated September 20, 2004, Recovery Division Fact Sheet, titled Debris Removal from Private Property, issued on October 21, 2005.