PA ID# 037-91080; City of Los Angeles Department of Public Works
DSR ID# 85229; Castellammare Drive Landslide
Citation: FEMA-0979-DR-CA; City of Los Angeles DPW, Castellammare Drive Landslide
Cross-Reference: Time Limitations for Appeal Submittal
Summary: As a result of the 1993 winter storms, a landslide occurred within the downslope hillside adjacent to Castellammare Drive, damaging portions of the roadway section. DSR 85229 was prepared to repair damages to the roadway and adjacent hillside ($425,637), but the scope of work was found ineligible on the basis that the road was under the authority of the Federal Highway Administration (FHWA). Over two years after notification of this denial of funding, the applicant filed a first appeal, asserting that the road was not an FHWA road. The Regional Director denied this appeal on the basis of timeframes, stating that no justification had been provided for such a late submittal of a first appeal. A second appeal of this determination was submitted by the applicant (again late by seven months), asserting that the first appeal was late because (1) the applicant's efforts were directed to repairs from subsequent disasters (Northridge Earthquake and 1995 Winter Storms), and (2) that the actual costs of repairs were not available until late 1995. The applicant provided no justification for submitting the second appeal after the regulatory deadline.
Issues: Has the applicant provided sufficient justification to support accepting an appeal that was submitted more than two years after the regulatory timeframe for submitting an appeal?
Findings: No. The onset of subsequent disasters (which were declared after the first appeal was due) is not sufficient justification considering that the relatively simple basis of the first appeal - road is not FHWA - and noting that the applicant otherwise had sufficient staff to administer the actual repair work. Additionally, it is not necessary to provide actual costs for a project in order to conduct a review of project eligibility.
Rationale: An applicant's appeal of any determination made by FEMA must be made in writing and submitted to the State within 60 days notice of the action which is being appealed. Late submittals may be considered if the applicant can demonstrate that extenuating circumstances prohibited them from submitting the appeal within the regulatory timeframe. 44 CFR