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Second Appeal Brief
PA ID# 041-99041-00; Marin County
PW ID# Project Worksheet 2660; Debris Removal from 222 Bay VIew Drive
FEMA-1628-DR-CA, County of Marin
Private Property, Debris Removal
Heavy rains from December 17, 2005, through January 3, 2006, damaged a
50-foot section of Bay View Drive and its northern embankment. Debris from the landslide was deposited in the garage of a private residence, located at
222 Bay View Drive. In PW 2660, the County of Marin Department of Public Works (Applicant) requested $8,901 to remove the debris from private property. FEMA denied the funding because the Applicant did not have legal responsibility to remove the debris.
The Applicant submitted its first appeal on November 27, 2006. The Applicant stated that the costs were eligible because the debris originated on a county road and posed a threat to life, public health and safety, and improved property. The Deputy Regional Administrator denied the appeal on May 10, 2007. The Applicant reiterated its position in its second appeal submitted July 27, 2007.
Did the Applicant have legal responsibility to remove debris from private property?
Recovery Division Policy 9523.13, Debris Removal from Private Property,
dated September 7, 2005