The city of Bangor is suing the owner of the Bangor Mall for allegedly failing to keep the building, sign and parking lot up to code.
Numerous code violation notices were sent to the mall’s ownership starting in April but no changes were made, according to the lawsuit filed Thursday in Penobscot County District Court. The city is suing Bangor Mall Realty LLC, Bangor CH LLC, and Bangor Nassim LLC.
The city is asking a judge to declare the mall is in violation of city codes and force compliance, as well as assess fees.
The lawsuit comes after several businesses moved or announced plans to move out of the mall over its deteriorating conditions. Ten Bucks Theatre Co. said it was looking for a new performance and rehearsal space in September, in part because major ceiling leaks damaged props and costumes and there was a lack of consistent air conditioning. Maine Micro Artisans moved out this summer because the mall’s conditions are “horrendous,” citing its leaking roof.
On Feb. 6 the city’s code enforcement officer noticed the roof was not water tight, allowing rain to leak into the building, according to the lawsuit. That is a violation of the city’s property maintenance code.
The code enforcement officer saw violations with the parking lot June 18. The lawsuit does not describe the state of the parking lot, but a Bangor Daily News reporter saw large potholes and crumbling pavement during a mid-October visit.
The mall’s sign was found in violation of the city’s code on April 3, the lawsuit said. Signs must be maintained to prevent deterioration, cannot have rust, rot, peeling or similar deterioration, according to the code.
A notice of violation about the roof and sign was sent April 3, with a notice to fix them within 30 days. The city solicitor sent a similar letter July 3, giving the company 20 days to fix the issues and then sent another letter Aug. 14, allowing 14 days to fix the violations.
For the parking lot, a notice of violation was sent Aug. 6 with 31 days to fix the issue, the lawsuit said.
The violations were not fixed, according to the lawsuit.
The judge can order a fine of $100 to $2,500 for both the roof and parking lot violations for each day they go unresolved, as well as a $100 fine per day for the sign violation.
The mall is owned by Namdar Realty Group LLC, a company that says it is “the biggest buyer of malls and shopping centers in the U.S.,” and is based in Great Neck, New York.
The mall was sold in 2019 for $12.6 million, a little more than half the city’s assessed value of $24.7 million. The mall’s former owners had defaulted on a $80 million loan, forcing the sale.
Namdar Realty Group did not return requests for comment.
A hearing is scheduled for 3:30 p.m. Wednesday. If the mall owner, or lawyers, fail to appear, the court can enter a default judgment.
