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Second Appeal Letter
PA ID# 099-54075-00; City of Palm Beach Gardens
DSR ID# Project Worksheets 4917 snf 5130; Debris Removal from Private Property
July 23, 2007
Mr. W. Craig Fugate
State of Florida Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Second Appeal - City of Palm Beach Gardens, FIPS# 099-54075-00,Debris Removal from Private Property
, FEMA-1545-DR-FL, Project Worksheets 4917 and 5130
Dear Mr. Fugate:
This letter is in response to the referenced second appeal submitted by the City of Palm Beach Gardens (City) to your office on April 7, 2006, transmitted by your letter dated June 23, 2006. The City is appealing the Federal Emergency Management Agency (FEMA) denial of funding for debris removal from private property. The City did not specify the monetary figure in dispute. However, a review of Project Worksheets 4917 and 5130 shows that FEMA found a total of $1,708,676 to be ineligible costs for vegetative and mixed debris removal from private roads.
As described in the enclosed analysis, the City did not demonstrate that it had the legal responsibility to remove debris from private property, nor did it demonstrate the method it used to determine the existence of a threat to life, public health and safety. Furthermore, it did not provide rights-of-entry/hold harmless agreements from property owners or homeowners associations. For these reasons, I am denying the appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Major Phil May
FEMA Region IV