[Adopted 1-21-1997 by Ord. No. 1079 (Ch. 4, Part 2, of the
1999 Code of Ordinances)]
Terms used in this article shall have the meanings set forth
as follows:
The Borough of West Mifflin, Allegheny County, Pennsylvania.
A written letter from the Borough concerning municipal liens
or municipal rights and duties.
Those persons who may, on motion of Borough Council, be designated
to enforce the terms and conditions of this article and who shall
have the authority to bring legal proceedings for the violation of
this article.
Any commonly accepted plumbing test wherein dye is introduced
into the stormwater or surface water collection system of real property
to determine if stormwater or surface water is entering the sanitary
sewer system.
An official statement from the Borough stating that it has
on file a written statement from a licensed plumber that there are
no illegal stormwater or surface water connections into the Borough
sanitary sewer system which would violate Borough or county ordinances,
the state statutes or Borough, county or state plumbing regulations.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
Borough sanitary sewer system.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement from the Borough, issued pursuant to the terms of § 220-53 of this article.
After the effective date of this article, it shall be unlawful
for any person to sell real property within the Borough on which a
building or improvement exists without first delivering to the purchaser
evidence of compliance or temporary evidence of compliance from the
Borough.
[Amended 3-16-1999 by Ord. No. 1094]
Any person (hereinafter "applicant") selling real property within
the Borough shall make application for evidence of compliance, on
a form furnished by the Borough, at least 14 days before the date
of sale. The applicant shall then have a plumber, who is registered
and licensed by the Allegheny County Health Department, perform a
dye test on the real property to be sold. The plumber shall complete
the appropriate portions of the form confirming that the property
has been dye tested and certifying the results of such test. In the
event that there are no illegal stormwater or surface water connections,
the compliance officer, or his designee, shall issue evidence of compliance
upon payment of a fee in an amount as established from time to time
by resolution of Borough Council. If the dye test reveals the existence
of an illegal stormwater or surface water connection, no evidence
of compliance will be issued until the illegal connections are removed
and certification of such removal by a registered licensed plumber
is received.
[Amended 3-16-1999 by Ord. No. 1094]
Temporary evidence of compliance may be issued, at the Borough's
sole discretion, when either:
A.
The applicant proves that dye testing cannot be performed because
of weather conditions. In this case, the applicant shall provide the
Borough with security in the amount, as established from time to time
by resolution of Borough Council, to guarantee that the dye test will
be performed. The applicant will cause the dye test to be performed
within 14 days of written notification from the Borough, which will
be given at such time as weather conditions make the dye test possible.
In addition, the applicant shall provide the Borough with a signed,
written acknowledgment from the purchaser agreeing to correct, at
the purchaser's sole expense, any violations discovered as a
result of subsequent dye tests. Nothing in this subsection shall prohibit
any purchaser from requiring the applicant to reimburse the purchaser
for any costs incurred; provided, however, that primary liability
for correction of any illegal connection shall run with the land,
and no agreement between the applicant and the purchaser shall affect
the Borough's enforcement powers or excuse the current owner
from performance.
B.
When an illegal stormwater or surface water connection is discovered
and the necessary remedial activities to correct such condition would
require a length of time such as to create a practical hardship for
the applicant, the applicant may apply to the compliance officer for
temporary evidence of compliance, which may only be issued when the
applicant provides the Borough with all of the following:
(1)
A bona fide executed contract between the applicant and a registered
licensed plumber, legally requiring the plumber to complete the necessary
remedial work and granting the Borough the legal power to enforce
the contract.
(2)
Cash security in the amount of said contract is posted with the Borough.
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to enter upon
the property to complete the work in case of default by the contractor.
The compliance officer shall determine when such temporary evidence
of compliance shall expire, and the applicant and the purchaser shall
be advised of the expiration date. Upon expiration of the temporary
evidence of compliance, without all work having been completed, the
security shall be forfeited, and the Borough may use the security
to have the necessary remedial work completed.
[Amended 3-16-1999 by Ord. No. 1094]
A.
A request for a Borough lien letter or property tax certification
letter must be accompanied by a valid evidence of compliance certificate
and a lien letter fee, in an amount as established from time to time
by resolution of Borough Council, all of which shall be delivered
to the Borough at least seven days prior to the day said letters are
to be provided.
B.
When requested by a property owner or his agent, and subject to time availability as determined solely by the Borough Secretary, the Borough may issue an expedited Borough lien letter on two days' notice upon the payment of an expedition fee, in an amount as established from time to time by resolution of Borough Council, in addition to the fee set forth in Subsection A.
A.
The Borough shall promulgate such reasonable rules and regulations
as approved by Borough Council for the operation and enforcement of
this article, which shall include but not be limited to:
B.
Rules and regulations issued pursuant to this section shall be in
writing and distributed as necessary to ensure compliance with this
article.
Nothing in this article shall limit in any fashion whatsoever
the Borough's right to enforce its ordinances or the laws of
the commonwealth. Nothing in this article shall be a defense to any
citation issued by any municipal corporation or the commonwealth pursuant
to any law or ordinance.
[Amended 3-16-1999 by Ord. No. 1094]
Any person violating any provisions of this article or of any
regulation or requirement pursuant thereto and authorized thereby
shall be, upon conviction thereof, sentenced to pay a fine of not
more than $1,000, plus costs, and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this article continues shall constitute a separate
offense.
