PA ID# 000-92009; Virgin Islands Lottery Commission
DSR ID# 55937; Costs Associated with Relocation Due to Roof Damage
Citation: Second Appeal Virgin Islands Lottery, FEMA-1067-DR-VI, PA 000-92009
Cross-reference: Reasonable Time
Summary: Hurricane Marilyn caused damage to the Virgin Islands Lottery building in September 1995. On October 7, 1995, FEMA prepared Damage Survey Report (DSR) 55937 for $41,368 to repair a 1200 square foot portion of the roof that was damaged by the high wind. The roof was temporarily patched with FEMA tarps while the V.I. Lottery staff continued to occupy the building for approximately nine months after the storm. On July 1, 1996, the applicant relocated and requested FEMA prepare a DSR to cover relocation costs. The Disaster Recovery Manager determined that the damages to the building caused by Hurricane Marilyn did not merit relocation and denied the request on September 27, 1996. The applicant submitted an appeal of the denial fifteen months later, on December 16, 1997. On March 3, 1998, a team of FEMA, OMB and local representative again inspected the facility and found that the building had not been repaired in the twenty months after relocation.
In the second appeal, the applicant claims that it was nearly impossible to find a suitable location within a reasonable period on the island because of the widespread destruction caused by the hurricane. They were waiting for the reconstruction efforts to be completed at potential localities in order to relocate their operations. The applicant further claims that the repairs were delayed due to difficulties regarding the insurance proceeds and the legal ownership of the building.
Is there justification for accepting an appeal more than one year after the initial determination?
Is the applicant eligible for reimbursement of relocation costs?
No. The applicant's first appeal was not submitted within the 60-day regulatory deadline.
No. The applicant is not eligible for reimbursement of the costs of relocating because damages to its facility were not severe enough to necessitate relocation.