Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 085-99085-00; Martin County, FL
PW ID# 282; Debris Removal from Private Property
FEMA-1561-DR-FL, Martin County, FL, Debris Removal from Private Property
Private Property Debris Removal, Legal Responsibility, Gated Communities
As a result of Hurricane Jeanne, (FEMA-1561-DR-FL, September 26, 2004), Martin County sustained damages associated with downed trees and debris on public and private property. FEMA approved ten Category A project worksheets (PWs) for debris removal from public rights of way for a total of $1,465,088.51. However, FEMA did not approve funding for debris removal from private property as it did not meet eligibility criteria as stated in 44 §CFR 206.224 and 44 CFR §206.223. The Applicant appealed the ineligible determination in the amount of $3,454,897 for the removal debris located on non-system roads within private gated communities. On April 15, 2005, the applicant submitted its first appeal stating that provisions within the Stafford Act, Florida statute, and Martin County ordinances provide for the legal responsibility to enter private property to removed debris. In a letter dated November 1, 2005, the Acting Regional Director denied the Applicants appeal citing 44 CFR §206.223(a)(3) which states, [t]o be eligible for financial assistance, an item of work must:
[b]e the legal responsibility of an eligible applicant. The response from the Acting Regional Director states that the Applicant had not provided the documentation necessary to demonstrate it was the legal responsibility of the County to enter private property to remove debris. The County submitted a second appeal on April 12, 2006, which claims that the combined application of State statute and local ordinance provides for the legal responsibility of the County to remove debris from private property in an emergency.
1. Has the Applicant demonstrated that it is the legal responsibility of the city to remove debris from private property?