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Second Appeal Brief
Citation: FEMA-1545-DR-FL; City of Wes-
PA ID# 099-76600-00; City of West Palm Beach
PW ID# 1270 and 1276; Debris Removal from Private Roads
The City of West Palm Beach (Applicant) sustained damages associated with downed trees and debris on public and private property as a result of Hurricane Frances (FEMA-1545-DR-FL, September 4, 2004). FEMA prepared Project Worksheets totaling $4,860,924.50 for debris removal from public rights-of-way. FEMA de-obligated funds for ineligible work, including $101,558.48 for 5,284 cubic yards of debris removed from private roads including gated communities, as the work did not meet eligibility criteria as stated in 44 CFR §206.224 and
44 CFR §206.223. The Applicant submitted its first appeal to FEMA on August 14, 2006, stating that the debris removal from private roads in gated communities was necessary to eliminate immediate threat to life, public health and safety and was the legal responsibility of the local government as established by its solid waste ordinances and city codes. The Regional Director denied the Applicants appeal stating that the Applicant had not provided the documentation necessary to demonstrate it had the legal responsibility to remove debris from private roads. The Applicant submitted its second appeal on
May 16, 2007. The Applicants second appeal includes information from the Citys solid waste collection ordinances and emergency powers included in State statute which it claims confer legal responsibility for debris removal from private roads to the Applicant.
1. Has the Applicant demonstrated that it had the legal responsibility to remove debris from private roads?
44 CFR §206.223