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Debris Removal from Private Property

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1539-DR
ApplicantCity of Orlando
Appeal TypeSecond
PA ID#095-53000-00
PW ID#1436
Date Signed2007-11-02T04:00:00
Citation: FEMA-1539-DR-FL, City of Orland, FL, Debris Removal from Private Property

Cross-reference: Private Property Debris Removal, Legal Responsibility

Summary: On August 13, 2004, the City of Orlando (Applicant) sustained damage from Hurricane Charley (FEMA-1539-DR-FL), resulting in downed trees and debris on public and private property. On November 22, 2004, FEMA prepared Project Worksheet (PW) 1436 for costs associated with the collection, hauling and disposal of mixed storm-related debris and tree stumps from the Ventura Country Club Community (Community). FEMA determined that $32,383 for debris hauling and stump removal was ineligible because the City did not meet the criteria for reimbursement required by 44 CFR §206.223(a) (3), §206.224, and Disaster Specific Guidances (DSGs) 8 and 17. The Applicant appealed the original decision on April 8, 2005. It claimed legal responsibility for debris removal from the private gated community on the basis of the City of Orlando Solid Waste Ordinance and on a Traffic Control Agreement between the City and the Community’s homeowners association. FEMA denied the appeal because the Applicant did not provide documentation of its legal responsibility for the removal of storm-related debris from the Community’s roads. During the appeal process, FEMA discovered that $5,875.20 was also mistakenly obligated for site management costs which were not eligible, and was subsequently de-obligated on September 2, 2005. On January 9, 2007, the City submitted a second appeal for $32,258.40; the total of the de-obligated costs.

Issues: Has the Applicant demonstrated that it has legal responsibility to remove debris from private property?

Findings: Yes.

Rationale: 44 CFR §206.223, §206.224 and DSG #8, Debris Removal from Roadways in Private or gated Communities and Disaster Specific Guidance #17, Eligibility of Stump Removal Costs..

Appeal Letter

November 2, 2007

Mr. W. Craig Fugate
Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399

Re: Second Appeal – City of Orlando, PA ID 095-53000-00
Debris Removal from Private Property, FEMA-1539-DR-FL

Dear Mr. Fugate:

This is in response to your letter dated February 24, 2006, transmitting the referenced second appeal on behalf of the City of Orlando (Applicant). The City is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) determination that the removal of debris and stump from private roads in the Ventura Country Club Community (Community) was not eligible for reimbursement. The amount in dispute is $32,258.40.

Following Hurricane Charley, FEMA denied the Applicant’s request for reimbursement for removing debris from roads in the Community, a gated community, because it had not demonstrated that that it had legal responsibility to do so. FEMA stated that the Applicant had not met the requirements of 44 CFR §206.224, Disaster Specific Guidance # 8, Debris Removal from Roadways in Private or Gated Communities and Disaster Specific Guidance # 17, Eligibility of Stump Removal Costs. The Applicant submitted a first appeal on April 8, 2005, stating that it had legal responsibility to removal debris from the Community based on Section 28.05 of the City code and a written Traffic Control Agreement it signed with the Community. FEMA denied the appeal on November 1, 2005, because it determined that the documents the Applicant cited did not convey legal responsibility to remove debris from private property. The Applicant submitted a second appeal on February 16, 2006.

Pursuant to Article 1, Section 28.05, General Ordinances, City of Orlando Code, the Applicant provides solid waste collection services to all residential parcels in the City. Section 28.07 states that the City shall provide residential collection service, residential curbside recyclable material collection service and residential yard trash collection service to all single family dwelling units. The City imposes a monthly assessment on each property to pay for the service. Once the City imposes the assessments, it is legally responsible for removing all trash, garbage and debris, including disaster-related debris that is placed on the curb of public or private roads that serve residential dwelling units.

Accordingly, I have determined that the City of Orlando is eligible to receive reimbursement for removing debris from private roads in the Community following Hurricane Charley. Therefore, I approve the appeal. The Regional Administrator will prepare a project worksheet for $32,258.40 to implement this determination.

Please inform the Applicant of my decision. My determination is the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Major P. May
Regional Administrator
FEMA Region IV