[Adopted 1-14-2003 by Ord. No. 2248[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
VI, Evidence of Compliance With Sewer Connection Regulations, adopted
6-13-1995 by Ord. No. 1947.
After the effective date of this article, it shall be unlawful
for any person to sell real estate within the Municipal of Monroeville
on which a building or improvement exists, without first delivering
unto the purchaser a document of certification or temporary document
of certification from the proper officers of the Monroeville Municipal
Authority.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper officer of the Monroeville
Municipal Authority stating that there are no known illegal storm-
or surface water connections into the sanitary sewer on the specific
property which is being sold.
Includes but is not limited to the discharge of ground- or
surface, water or the connection of downspouts, roof drainage, surface
areaway drainage, or foundation or basement drainage into the sanitary
sewer system.
A written letter from the proper official of the Municipality
of Monroeville or Monroeville Municipal Authority concerning Municipal
liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, Authority, or other entity recognized by law
as the subject of rights and duties.
A temporary statement of certification from the proper officer of the Monroeville Municipal Authority, issued pursuant to the terms of § 316-92 of this article.
A.
Any person selling real estate located within the Municipality of
Monroeville (hereinafter "applicant") shall make application on a
form furnished by the Monroeville Municipal Authority at least 30
days before the date of sale. The Authority shall perform, at is deems
necessary, the following tests:
(1)
Dye-testing at each downspout and area drain.
(2)
Dye-testing foundation drains by flooding or injection.
(3)
Smoke-testing public sewer and sewer lateral to the house trap.
(4)
Smoke-testing building drain on house side of trap.
(5)
Air-testing lateral.
(6)
Hydrostatic testing lateral.
(7)
Televising of main sewer and/or lateral sewer during periods of saturated
ground and/or precipitation.
(8)
All testing shall be on a pass-fail basis with the Authority having
the right to reject any tests or test results which it feels are inconclusive
or inaccurate.
B.
In the event that there are no illegal storm- or surface water connections
and the existing drainage system is sound, the Monroeville Municipal
Authority Inspector or his designate shall issue a document of certification
upon the payment of any established fee. When an illegal storm or
surface water connection or malfunctioning drainage system is discovered
by the means of the above-mentioned testing, no document of certification
will be issued until the illegal connections/malfunctioning drainage
system are removed/repaired, the system retested and certification
of such removal/repair by a registered, licensed plumber is received.
A temporary document of certification may be issued at the Authority's
sole discretion when either:
A.
The applicant proves that such testing cannot be performed because
of weather conditions, and when such is the case, the applicant shall
provide the Authority with security in the amount of $3,000 to guarantee
that the appropriate test will be performed. The Authority will cause
to have performed the appropriate test within the 14 days of subsequent
written notification to the applicant, which will be given at such
time as weather conditions make such testing possible. In addition,
the applicant shall provide a signed written acknowledgment from the
purchaser of the real estate, agreeing to correct, at the said purchaser's
sole expense, any violations/defects that may be discovered as the
result of subsequent tests. Nothing in this subsection shall prohibit
any purchaser from requiring the applicant to reimburse the purchaser
for any costs incurred; provided, nevertheless, that primary liability
shall run with the land and no such agreement shall affect the Municipality
or Authority's enforcement powers or excuse the current owner from
performance.
B.
When an illegal storm- or surface water connection or malfunctioning
drainage system has been discovered and the necessary remedial activities
to correct such connection would require a length of time such as
to create a practical hardship for the applicant, the applicant may
apply to the Authority Manager for a temporary document of certification
which may only be issued when the applicant provides the Authority
with all of the following:
(1)
A bona fide executed contract between the applicant and a registered,
licensed plumber to complete the necessary remedial work with the
Authority listed therein as a third party beneficiary;
(2)
Cash security in the amount of said contract as posted with the Authority;
and
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to the Authority
to enter upon the property to complete work in case of default by
the contractor. The Authority Manager shall determine when such temporary
document of certification shall expire, at which time the security
shall be forfeited, and the Authority may use the security to have
the necessary remedial work completed.
A.
The Authority Manager is hereby authorized, empowered and directed
to make reasonable rules and regulations for the operation and enforcement
of this article as he deems necessary, which shall include, but not
be limited to:
(1)
Establishing acceptable forms of security or guarantees;
(2)
Acceptable testing methods;
(3)
Establishing the forms of applications, purchaser acknowledgments
and plumber certifications;
(4)
Limiting the times of year in which temporary documents of certification
are available for reasons of weather.
B.
All rules and regulations issued pursuant to this section shall be
in writing and be approved by the Monroeville Municipal Authority
Board prior to such rules and regulations being effective.
Nothing in this article shall limit, in any fashion whatsoever,
the Municipality's right or the Authority's right to enforce any ordinance,
resolution or law of the Municipality of Monroeville, County of Allegheny
or Commonwealth of Pennsylvania, the intent being that this article
shall supplement already existing resolutions and ordinances dealing
with the enforcement of sanitary sewer status within the Municipality
of Monroeville. Nothing in this article shall be a defense of any
citation issued by any Municipal corporation or the commonwealth pursuant
to any other law or ordinance.
Any person who shall fail; neglect or refuse to, comply with
any of the terms or provisions of this article, or of any regulation
or requirement pursuant thereto and authorized thereby, shall, upon
conviction before any District Justice, be sentenced to pay a fine
of $1,000 and costs of prosecution, and in default of payment thereof,
to imprisonment for a term not to exceed 90 days.
The effective date of this article shall be the first day of
June 2003.
