Head down Eastern Shore Drive from Carroll Street. A few blocks before you get to East College Avenue you will cross Clemwood Street. Turn right. At the end, among several other business / light industrial properties sits number 125.
It’s a squat, L-shaped structure; made of block. Currently, it’s being used for storage and a few auto related businesses. The key word is CURRENTLY. Unless the city of Salisbury relents, those businesses will be gone in the first week of August.
Last April the property was inspected by the “City of Salisbury Property Task Force” (I didn’t know we had such a thing). Neither the property owner nor the tenants were informed of any major deficiencies. A subsequent visit only yielded the remarks that the street number needed to be on the building, a heater needed to be removed, and fire extinguishers needed to be inspected. YET, the tenants just received a copy of a letter from the Salisbury Department of Building, Permits, and Inspections – dated July 7th – that concludes with:
Due to the severity of the life, health, and safety of the aforementioned violations, you have thirty (30) days to vacate all tenants from the referenced property. …
What are these SEVERE life, health, and safety violations? According to the letter, they are:
- No restrooms and evidence of persons urinating behind a makeshift barrier;
- Improper exit arrangement requirements;
- No emergency lighting;
- Improper light and ventilation requirements;
- Makeshift heating system using burnt oil and improperly vented and no UL listings for such heating / venting system;
- No approved tenant separation as required by both building and fire codes; and
- Vehicles being spray painted without the UL paints booths as required by state and local codes.
In addition, there are “environmental hazards” listed, including:
- evidence of oil being dumped / discharged on the ground
- spray painting of vehicles without spray booths (that was listed twice in the letter)
OK. I’m not going to make light of these. The rules are the rules. However, I saw no evidence of oil being dumped. If the body shop renting space at 125 Clemwood Street was painting cars, they weren’t doing it while I was there. The owner of “Still Joe’s Auto Repair” was taking out the offending heater. So, what’s left?
Homeless people peeing on the back of the building? (the tenants have access to a bathroom in one of the units) No “Exit” signs? No emergency lights? No firewall? These infractions are so severe that the city wants to shut down multiple businesses?
But … there’s always more to the story.
Monday we ran a letter to the editor titled, Salisbury Is Not Business Friendly. In that post it is alleged that John Fassel, owner of Kelly’s Collision and Salisbury Transmission, instigated the complaints against 125 Clemwood Street. We were unable to reach Mr. Fassel for comment. However, there is no doubt that this “investigation” was prompted by a complaint from someone.
Curiously, we noted that the tenants of 125 Clemwood do not have ready access to the primary electrical box of the building? Why? It appears that Mr. Fassel has blocked their access with a fence. Maybe you don’t need a building permit for a fence. Maybe Salisbury code permits encroaching on a neighbor’s property. Who knows?
Bill Holland, Director of Building, Permits, and Inspections refused to comment citing orders from Mayor Jim Ireton not to talk to press without permission from the Mayor’s office. Transparency in government is still alive and well in Salisbury.
As I was leaving the property yesterday, the tenants received notice from their landlord that he would be meeting with Mr. Holland on Friday. I hope that the city will do the right thing and allow these tenants to correct any deficiencies and continue operating their businesses.
If not, we have to ask if Salisbury IS a place that small businessmen (and women) would want set up shop.
UPDATE:
We had the chance to speak with a member of the inspection team. Contrary to what we posted above, Mr. Fassell was NOT the impetus behind this inspection and subsequent order to vacate. "Latin Customs", the tenant next door to "Still Joe's Auto Repair" was the reason the building was inspected.
According to our source, "Latin Customs" has been operating out of several building in Salisbury. Each time their landlord has been cited because of their painting operation. "Still Joe's" has been cited for items that should be remediable. According to the inspector, "Latin Customs" paint operation is the imminent danger.
24 comments:
The violations alleged are serious and need to be addressed ASAP. Why should a business owner complying with all the regs be forced to compete with one who is not?
Salisbury has ALWAYS done everything possible to impede the growth of small business. Add to that the County and State regulations, taxes, impact fees etc. and you can understand why there are so many empty buildings around. Many of the larger companies are either National chains or are large enough to afford the fees and legal council to set up holding companies out-of-state (usually Delaware).
Ever wonder why so many semi trailers are registered in Maine ??
Of course if you have really deep pockets you can get even get a strict storm water management area altered to sut your needs !!! Go figure
I don't understand why you would defend this "business." These are some serious violations that can present significant harm to the workers. Inhaling those fumes without proper ventilation can be a huge hazard, and improper ventilation, poor oil disposal, plus spray paint and no fire walls adds up to a potential disaster.
What really started all of this is there was someone working on a car by himself, The car fell down on his arm. He screamed for over an hour before someone heard him. Then he was rushed to the hospital. OSHA then got involved and deemed the workplace unsafe. And the people who have worked has been urinating and doing their business in buckets and dumping them outback by the railroad tracks.
Anon 0829 -
I'm not disagreeing with you. As I noted in the post, I'm not making light of the infractions. However, I saw no evidence of several of the infractions listed. In addition, I don't understand why the city would want to issue a vacate order rather than cite them for the infractions and require that they be addressed.
As I also noted, the landlord is meeting with Mr. Holland on Friday. I truly hope that the city does the right thing.
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Anon 0842 -
see the comment above.
I saw no evidence of several of those infractions. I'm pretty sure that the fire wall can be addressed as can most of the other things. That was my point. Why a vacate order?
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Anon 0847 -
That may be true. However, the workplace accident is not an issue here. The urination would be; but again, I saw no evidence of this AND the tenants have access to a bathroom at one of the other units.
if they are dumping oil on the ground, they EPA will be visiting them
iono, it sounds like a good art hole to get rid of.
The city needs to work with the landlord and the tenants not rush to close them up simply because it's the easiest thing to do.
Start with addressing the serious issues first and allow a reasonable time to correct then go on from there.
Closing the business is just going to create another empty building.
Who in the inspection department acually has a Maryland master hvacr lic to recommend what should be done with a furnace? Breaking the states rules by doing so without the proper paperwork behind you.
Code and compliance KNOW EVERYTHING. NOT! If you have ever met or delt with mr holland you would know what I am speaking.
If the city closes up all the small businesses they wont have to worry about them. No need to write up an empty building.
Joe we attended an event in Pocomoke City last week. I was ilmpressed wilth a nice building they have built there. It is a community hall to seat 400. It is attached to the fire department.
What I wonder WHY Salisbury built a top of the line fire house and gave no thought to build a building to help support the fire company, we are suppose to be the hub of the eastern shore...not. Look at the fire works for the 4th of July. Willards, Delmar had a great event and here is Salisbury with nothing. I am ashamed of Salisbury. Salisbury seems to have a negative attitude to almosts everything and thats not good. We need to get off our a$$es and get something done.
For those of you that think code and enforcement are a good thing, wait until they come after you and see how you like it. They are just another arm of the government that is making our lives miserable and destroying businesses. All the rules and laws only drive up the price of doing business so don't complaine about paying high prices when you want something done if you think all these rules are a good thing and don't complaine about high unemployment because this is exactly what causes it. Maybe the people that work here can now just go down and get food stamps, medical card, housing, and a check every month.
9:10
The Md. State Roads Division (building on the west side of town) dumps oil and fluids down their drain every day. If flows right into the Wicomico, and the EPA knows it and does nothing!!!! But your right, the EPA or the city will shut down a private business. The government entities are the only ones allowed to pollute.
I wonder if the equipment rental company on south 13 has any violations? Whats up with that Tommy?
Does anyone at code & compliance have any state licenses at all? If not they have no state right to recommend or condem anything.
What about that old George L. Ralph property that Shanie wanted the City to buy a couple years ago?
How come it is still there?
RE: 8:47 said.
What really started all of this is there was someone working on a car by himself, The car fell down on his arm. He screamed for over an hour before someone heard him
that's a straight out lie.
Now I'm not saying that you are a liar because I'm sure you got the information second, third, or forth hand through the grape vine.
No one had a car fall down on their arm, and they certainly didn't scream for "over an hour".
What happened in the incident that you are referring to is a mechanic was installing a clutch, he was prying on the K-frame and the pry bar slipped and when it did the K-frame dropped and pinched his hand.
We did call 911 because we didn't know if he was going to have a broken finger, or maybe even an amputated limb when he got out from under the vehicle.
1)Yes he was hollering pretty good but when he got out it didn't even break the skin.
2)He was NOT working alone, there was about 6 people there at the time.
3)The car did not fall down on anyone, a piece of the car called a K-frame pinched his hand.
4)He did NOT scream for over an hour, that statement is just ridiculous.
5)he was NOT rushed to the hospital. He did go but not like you're trying to make it look.
6) OSHA was not involved and the workplace was not deemed unsafe by OSHA
7) Another blatant lie. no one is or has ever done "their business" in any bucket and dumped it on the tracks
Now that is all truth I hope that cleared this up for you.
What really started all of this is there was someone working on a car by himself, The car fell down on his arm. He screamed for over an hour before someone heard him. Then he was rushed to the hospital. OSHA then got involved and deemed the workplace unsafe. And the people who have worked has been urinating and doing their business in buckets and dumping them outback by the railroad tracks.
did osha get involved or did the firemen send a complaint to code compliance? if this place was as hazardous as you say why isnt the fire department doing something about it?
If the city closes this place it will bw real interesting to see who moves in next.
John "was unavalible for comment" Well thats because it had to do with money! Kellys booth is illegal as well! When they paint the fumes are really really strong...and I dont think it works properly...but they never test while operations are going on...Mr. Fassell just thinks he is going to roll in an buy these properties for next to nothing....because he needs the room .....He tried unsuccessfuly for years to buy them from the owner of the property ....but the owner was not willing to sell to John
Lets make this perfectly clear folks LATIN CUSTOMS is not painting cars in the shop and they only have that location and it is owned by a woman!! I know this because I am a big fan of there work, if any paint was done it was out sourced to another company and brought back for completion, cleaning and maybe some art design (air brush ) which the city knew about. I also know that KELLYS was painting some of LATIN CUSTOMS customer's cars , they even had KELLYS clear coat a car and used their heat booth, something must of happened between the two, perhaps a falling out turned bad!! Also they even referred my to KELLYS to get my car painted and KELLYS refused to help me stated it was a conflict of interest!! They had a shop on EASTERN SHORE DR in 2005 which back then they painted cars and had a OSHA approved paint booth and was inspected yearly with no problems until KELLYS came and started to see the awesome work they did. Anyways I know for a fact they do not paint there. Wheres the pictures and perhaps the fumes are coming from KELLYS and maybe they need to be inspected for air control, it is summer and wind blows windows and doors are opened hmm could it be the air??
oh yeah is it illegal to spray paint with spray cans hmm they sell thme in the stores if so oh boy I should be in trouble I spray painted my outside furniture yesterday.
About the comment on the Mechanic I know him personally and he was not hurt like you guys are posting, in fact nothing was brokin and there was no fractures, cut and not even a bruise and no this did not cause this to happen this has been going on for a long time, please re-read the posts it start way before the mechanic!!!
The mechanic is just fine in fact I just talked to him today and he does not have a cast or wrap around his hand and his hand is just fine, if it was real bad like some of you are saying wouldn't he have a cast and have to go to thearpy?? wake up people
hey if LATIN CUSTOMS is no longer painting maybe KELLYS can buy there OSHA approved paint booth, LATIN CUSTOMS has it in storage, I agree the fumes are strong and it does come from KELLYS!! i have to agree they need there paint booth inspected as well all for one , one for all
Landlords being cited!! I Think not, it would be the business being cited not the landlord!! and this business has been there how long 2 years now right, why now after all the inspections that were done, why were they at another location for 2-3 years before that and not shut down , and 3 years in there first location, sounds a little funny if you ask me and all in the same area too. AND ALL HAVE BEEN INSPECTED TOO OVER THE YEARS SOUND LIKE SOMEONE WANTS LATIN CUSTOMS TO GO, that is not right. GOOD LUCK TO YOU GUYS
Hey your source is wrong and that is why he ignored his gag order from the mayor BECUASE IT IS FALSE:
According to our source, "Latin Customs" has been operating out of several building in Salisbury. Each time their landlord has been cited because of their painting operation. "Still Joe's" has been cited for items that should be remediable. According to the inspector, "Latin Customs" paint operation is the imminent danger.
ABOVE IS A FALSE STATEMENT :
FACT : LATIN CUSTOMS BACK IN 2005 USE TO PAINT SHOW CARS AND MUCH MORE THAT WOULD MAKE YOUR HEAD SPIN!!
FACT: LATIN CUSTOMS DECIDED TO STOP PAINTING AND DO FIBERGLASS WORK AND CUSTOM DESIGN CARS
FACT: KELLYS HAS EVEN PAINTED A COUPLE CARS OF LATIN CUSTOMS CUSTOMER; AH SO IF THEY ARE SENDING CUSTOMERS AWAY TO AREA PAINT SHOPS , DUH THEY ARE NOT PAINTING,
FACT :LATIN CUSTOMS HAS CLEANED UP THE AREA AND SHOP, OH AH THEY DID PAINT!!! WOOPS THE INSIDE AND OUTSIDE OF THE BUILDING, JUST ASK THE LANDLORD OR NEIGHBOR BUSINESSES, THEY EVEN BOUGHT GRAVEL AND PUT IT IN THE PARKING LOT, THIS WAS AFTER THE OWNER SPOKE TO THE CITY AND THEY ASKED HER TO HELP GET RID OF THE UGLY RED COLOR, SO THEY DID!!! MAYBE THATS THE PAINTING THEY ARE REFERRING TO, MAYBE THE MAYOR NEEDS TO KNOW HE HAS A LEAK IN THE OFFICE , AS EVERY ONE KNOW MOST CITY OFFICIALS,SEN. CONGR, MAYORS, ALL LIE JUST TAKE A LOOK AT THE NEWS!!!
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