The Pittsburgh Mills mall in Frazer has become a public nuisance, according to criminal charges filed Wednesday by the Allegheny County District Attorney’s Office.
At the root of the case is what officials called the treacherous condition of roads around the mall complex, which have been the target of public and township ire for more than a year.
New York-based Namdar Realty Group is charged with one misdemeanor count of creating a public nuisance.
Calls to the company were not returned.
Frazer police Chief Aaron Scott told county investigators that several of the businesses outside the mall pay into a fund designated for road maintenance.
Still, potholes have become so deep and so numerous that orange construction cones are used to warn drivers. Motorists frequently swerve into the opposite lanes or stop suddenly to avoid them, police say.
The roads through and around the mall — Pittsburgh Mills Boulevard; Galleria, Retail, Village Center, Value, Mills and Fashion drives; and Pittsburgh Mills Circle — are privately owned by Namdar and not the responsibility of the township.
Last week, Namdar paid about $21,000 to Patch Management Inc. to repair potholes with hot asphalt spray. The cost covered up to 100 potholes, depending on size, company President Jessica Jones told police.
Frazer police Officer Cole Berg said the method “appears to just be spraying stone and tar/oil into these potholes.”
It’s not a permanent fix. Some have already continued to deteriorate or expand, he said.
Late last year, township officials sued Namdar for $4.5 million, claiming the roads were the result of negligence.
That suit is ongoing.
The township also issued a series of code violations this month related to the roads.
District Attorney Stephen Zappala’s office confirmed last month that it executed a search warrant aimed at Namdar to open a criminal investigation.
The warrant, served on U.S. Bank NA of St. Paul, Minn., where Namdar has the bank account associated with the road maintenance fee, sought the account application, signature cards, statements and records of deposits and withdrawals for the maintenance fee account.
Lowe’s and Eat’n Park, which pay $1,431 and $520 a month, respectively, are named in the warrant among the businesses that pay to have the roads at the Mills complex maintained. Eat’n Park has put nearly $42,000 into the fund since July 2018.
Danger alleged, damage detailed
According to a criminal complaint filed in the case, road conditions impede emergency services’ access to the property and increase response time.
Eureka Fire EMS is the primary emergency medical response team to the mall. Chief Brad James called the roads deplorable and said he instructs his crew to take appropriate cautions.
He’s seen other vehicles with nowhere to move when attempting to yield to an ambulance.
“These roads (have) extensive surface deterioration, cracking and potholes of considerable size and depth,” James said. “We are forced to navigate our way through traffic to avoid serious damage to our ambulances, such as tires, rims and alignment.”
Since 2021, Frazer police have taken about 38 reports related to the road conditions at the mall, but none regarding potholes on the 12 miles of township roads, Berg said.
Emergency response time has increased, Berg told county investigators, and road conditions at the mall make his job unsafe.
The increasing size of the potholes, combined with the lack of pavement markings, create havoc, he said.
Of incidents reported to the township, there have been 30 flat tires, nine damaged rims and seven tows.
One of the incidents was a “motorcycle rider nearly crashing after hitting a 10-inch pothole,” and another was a driver getting a flat tire after mistaking a pothole for a puddle.
Berg said the deterioration of the roads not only affects daily commutes and quality of life but also hinders the economic growth of the community and its businesses.
The investigation is ongoing.
Alleged violations piling up
While officials from Frazer Township would not comment for this story due to ongoing litigation, the alleged violations are piling up and have been posted throughout the Pittsburgh Mills property areas. The latest posted Wednesday afternoon.
The inspection was completed by NV Services LLC, a third-party building inspection agency, which has also posted all the alleged violations.
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Future violations will also be posted in proximity to where they occur.
In total, there are four violations, with more expected to come. The violations outline separate subsections of the Property Maintenance Code that have been violated.
Three postings are on a piece of plywood in front of the JCPenney parking lot, outlining violations related to the condition of the roads, parking lot and driveway around the mall. According to the notice, the driveway around the perimeter of the mall is in disrepair and poses hazardous conditions to pedestrians and vehicle traffic.
April 30 deadline ordered
Namdar must submit a detailed parking space, lot, and driveway repair and remediation plan by April 7. The notice states that work must begin by April 30.
Inside the Pittsburgh Mills mall, formally called the Galleria at Pittsburgh Mills, one violation was posted on Wednesday afternoon on the glass of the former American Eagle. The violations are displayed in a gallery fashion, addressing the exterior and facade of the mall.
There 73 pieces of evidence with photos that span across two glass windows, correlating to each subsection of the Property Maintenance Code.
The area around Dick’s Sporting Goods is documented as being improperly graded, which has created a lack of drainage areas and, as a result, stagnant water.
The code violation states that, at the time of posting, all mall exterior sliding doors were inoperable and that the sidewalks, walkways, and stairs are damaged. The door for mall security is also said to be rotting, as stated in the violation.
While there is no specific solution date related to these violations, the notice states the violations may be presented before a judge, in a summary of offense proceedings.