Steubenville city manager will ‘pursue all legal avenues’ to bring mall property up to code
Trending
STEUBENVILLE--Municipal Judge John Mascio told Steubenville code officials Wednesday the complaint they filed against the owner of the Fort Steuben Mall can't proceed until the papers are officially served.
The mall, owned by Mississippi-based Total Finance, was condemned in June after building inspectors and city firefighters reported finding numerous code violations ranging from mold, broken glass, exits chained shut and a badly leaking roof throughout the portion of the building it owns. Tenants in the mall building--excluding 7Ranges and J.C. Penney, both of which have direct access to and from the parking lot and their own roof–had to vacate the premises in July.
The complaint, filed with Municipal Court Sept. 10, specifically references the ownership group was notified in January it needed to repair, replace or resurface parking lots and sidewalks and replace a missing drain guard outside the main entrance; repair or replace the roof, correct defective components and fix leaks in the roof; repair or replace the mall floor, which is uneven and raised up in several places, "causing an uneven walking surface and tripping hazard" and had not repaired or replaced the thermostat and/or furnace.
Municipal Judge John Mascio said the complaint, at the city's request, had initially been sent by certified mail to the Total Fitness group's agent of record in Mississippi but service could not be completed.
During an early morning hearing, Mascio pointed out if city officials want to pursue the code violations through court, state law also permits them to serve notice on the agent of record listed in Ohio by whatever means they choose.
The city also, if it chooses, could go into the property and effect any repairs deemed necessary, though that would require the city to pay for any work that's done and then seek to recover its costs either through a tax duplicate lien, legal action against the owner or a direct lien foreclosure and sale.
City Manager Mike Johnson said the city isn't going to change course.
"We will pursue all legal avenues to bring the mall, including the mall parking lot and mall ring road, in compliance with the building code," he said. "The city will continue with its efforts in Municipal Court and is likely to file a public nuisance action in Common Pleas Court in the near future.
"If the building owner refuses to make the necessary repairs, the city will seek the authority from a court to demolish the mall," he said, adding, they "believe the mall area is a prime location for retail and economic development and will continue its efforts to bring positive change to the mall location."
Johnson also said they haven't been inside the mall recently, "and I don't see a need at this point in time to revisit the interior of the mall."
Mascio scheduled the case for review in 30 days.