Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 111-24300-00; City of Fort Pierce
PW ID# Multiple Project Worksheets; Debris Removal
FEMA-1545/1561-DR-FL; City of Fort Pierce, Debris Removal
Debris Removal; Private Property
As a result of Hurricane Frances (FEMA-1545-DR-FL) and Hurricane Jeanne (FEMA-1561-DR-FL), the City of Fort Pierce (Applicant) submitted a request for funding for the removal of storm-generated debris from public roadways and facilities within the city. FEMA approved Project Worksheets 478 (1545-DR), 238, and 351 (1561-DR) to cover eligible debris removal costs; however, the Applicants claim was reduced by $297,434 for the cost of debris removal from private roads. On March 25, 2005, the Applicant submitted a first appeal, asserting that it had the legal responsibility to remove debris from private property and that the removal of said debris was necessary to protect against immediate threats to public safety. On October 31, 2005, FEMA denied the Applicants first appeal, stating that the Applicant had not demonstrated that the debris located on private property was a threat to the general public. In addition, the Applicant did not follow its nuisance abatement procedures, which would have established the Applicants legal responsibility for removal of the debris. The Applicant filed a second appeal with FEMA on March 29, 2006. In its appeal, the Applicant argues that public safety was immediately at risk and that it had the legal responsibility to remove the debris.
(1) Did the Applicant demonstrate it had legal responsibility to remove the debris?
(2) Did the Applicant demonstrate that the debris on private roads presented a health and safety threat to the public?
44 CFR §206.223