Will Salisbury Run More Businesses Out of the City?

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.