City solicitor says court briefs filed in Bangor Mall enforcement case; vacant-building registrations rising

City Solicitor Dave Sobchak told the Bangor City Council on Feb. 24 that the city has filed closing briefs in two pending enforcement cases tied to the Bangor Mall and is awaiting a judge’s decision.

The cases involve alleged violations of multiple land-use and maintenance ordinances, Sobchak said, including failure to maintain a large-diameter stormwater pipe and a sewer line. The city says repeated sinkholes opened on the property after soils were washed away, and in late August a sinkhole caused breakage to the mall’s sewer and a stormwater pipe. The city stepped in to re-establish a temporary bypass and ultimately to repair the damaged pipes and remediate contamination that entered the sewer main, Sobchak said.

“The matter is still pending and is awaiting the judge’s decision,” Sobchak said. He told the council the city asked the court for ordinance-required civil penalties, abatement orders and remediation; some penalties sought were larger where the city argued a contractor was intentionally directed to disconnect a temporary bypass. “When we commence these actions…many of [our] ordinances mandate a daily fine,” he said, explaining why cumulative penalties can appear large even when the city did not always request the maximum fine.

Sobchak said the stormwater-sewer case proceeded quickly after the city filed a motion for a preliminary injunction because of the immediate risk to a nearby sewer main. “The court decided to set the case for trial six days after the initial court appearance and just take care of all of it,” he said, and later added that the city filed a reply brief and is now awaiting the court’s decision.

Sobchak also gave the council an update on the city’s vacant-building registration program. He said 31 properties that were on the city’s vacant list as of February 2024 are no longer listed because buildings were occupied, demolished or issued certificates of occupancy. As of the update, 47 properties were registered and current while 28 were not registered and were at various stages of enforcement, he said.

“We are getting—as you can see—there are 47 properties registered and current, and there were 14 at the beginning of 02/2024,” Sobchak said, calling the enforcement effort a team approach among code enforcement, legal, finance and treasury staff.

Councilor Trumbull asked about the definition of “abandoned” versus “vacant,” and Sobchak replied that the ordinance requires registration for buildings vacant for 60 days but includes exceptions for seasonal occupancy and that city staff are drafting a proposed amendment to the vacant-building registration ordinance. Sobchak described one idea under consideration: a deferred registration-fee obligation for a buyer who demonstrates an intent to rehabilitate a vacant property and secures a certificate of occupancy within a set period; if the buyer instead resells the property, the deferred fee could become due.

Sobchak also described recent changes tied to the state’s tax-foreclosure process. He said new notice requirements oblige the city to notify former owners and wait 90 days before selling tax-acquired property, and that the city must maintain an itemized list of costs associated with each tax-acquired property so those costs can be recouped after sale. The legal department has been coordinating notices and cost accounting with community and economic development, finance, code enforcement and treasury staff.

The solicitor’s report included a brief mention that an assistant city solicitor recently won her first trial involving a civil animal-welfare matter; Sobchak congratulated the assistant on the court result.

Ending: The solicitor said he did not want to take questions on the pending Bangor Mall litigation other than clarifying procedural matters because the cases remain before the court; he described the city’s requests as the remedies specified in the ordinances and indicated he expects a decision after the judge reviews the evidence and briefs.