Marshalltown Development Group LLC, the owner of the Marshalltown Mall, was found to be in violation of various codes, ordered to pay a $6,500 fine and to fix the violations within 30 days or be found in contempt of court.

The violations are:

• Equipment was not maintained to ensure safety of occupants.

• Non-compliance with orders and notices.

• Fire protection and life safety systems required by this code or the International Building Code were not installed, repaired, operated, tested and maintained.

• Fire detection, alarm and extinguishing systems were not maintained in an operative condition at all times.

• All areas of a building containing water-filled piping which does not have other means of freeze protection were not maintained at a minimum temperature of 40 degrees F.

• The means of egress serving a room or space was not illuminated at all times the room or space is occupied.

• In the event of power supply failure, in buildings that require two or more exits or access to exits, an emergency electrical system did not automatically illuminate interior exit access stairways and ramps, exit passageways, vestibules and areas used for exit and exterior landings for exit doorways leading directly to the exit discharge.

Marshalltown Fire Department Marshal Josh Warnell, who has not worked on anything like this case in his career, said he has not heard of any violations being fixed since the ruling. However, Warnell said other properties in Wisconsin and Minnesota are going through similar situations and are also dealing with the same owner.

“I know the public has not had a lot of information about what is going on,” he said. “We have been going through this process in the meantime and taking actions on the owner to rectify these violations.”

Mayor Joel Greer said he was glad the city has done everything it can do to try to make a safer environment for the business owners in the mall. He was not sure why the fine was small, but said it might be because the case was in small claims court.

“That is so much easier than district court which can take up to one, one and a half years,” Greer said.

However, the mayor said the fine for major fire violations is not a big deal to the owner and facing contempt of court if things is not a big incentive for change.

“It is not easy to jail someone for contempt,” Greer said.

Marshalltown Development Group, a holding company of the New York-based Kohan Retail Investment Group owned by Mike Kohan, neglected to pay the electric bill. In November of 2023, electricity was shut off in the main areas, such as the hallways, the bathrooms and the parking lot.

The electric bill still has not been paid and numerous tenants without external entrances have relocated, include Black Iron Barbell, Game Haven, Remix Dance Academy and Oliver Beene.

Businesses with external entrances, such as Hobby Lobby, Mama DiGrado’s and Fridley Plaza 9 Theatre, can stay in the mall.

The case was filed in court in March by the city. A short non-jury trial ended July 19 without the presence of anyone with Kohan’s business or from the representing attorney. A judgment order from Magistrate Tom Hillers states a last-minute motion for continuance was filed by attorney Jeff Hazen on behalf of the group, which was denied. Warnell served as a witness for the city and testified during the hearing.

Whether or not the city will take further action is not known to Greer right now, but he added the financial cost to the city might not make it worthwhile.

Instead, he said, the city might look into ways to force the owner to turn the property over.

“I can see the city pursuing that,” he said.

Contact Lana Bradstream at 641-753-6611 ext. 210 or lbradstream@timesrepublican.com.