This article may be known and cited as the "Dye Testing Ordinance."
The following terms used in this article shall have the following
meanings:
BOROUGH
The Borough of West View, Allegheny County, Pennsylvania.
BOROUGH LIEN LETTER
A written letter for the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
CERTIFICATE OF COMPLIANCE
An official writing issued by the Borough that dye testing
has determined that there are no Illegal connections in violation
of this article.
DYE TEST
Any dye test performed by the Borough, or an authorized agent
of the Borough who must be licensed under permit of the Allegheny
County Department of Plumbing, whereby dye is introduced into the
water collection system of a property to determine whether basement
seepage, groundwater, downspout drainage, roof drainage, driveway
drainage to other surface water drainage is entering the sanitary
sewer system.
ILLEGAL CONNECTIONS
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage or other surface water
drainage into the sanitary sewer system.
PERSON
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or entity recognized by law as the
subject of rights and duties. The singular shall include the plural.
PROPERTY
Real property located within the Borough upon which a building
or improvement exists.
Illegal connections are prohibited.
Persons owning property are required to maintain all private
sanitary sewer laterals and sanitary sewer service connections in
good repair.
The Ordinance Compliance Officer shall immediately initiate
dye testing to identify illegal connections. This Ordinance Compliance
Officer is authorized to retain the services of a qualified contractor
to perform the dye testing, and to cooperate with neighboring municipalities
to minimize costs. Persons owning property are required to grant access
to the Ordinance Compliance Officer and/or the dye testing contractor
and to permit dye testing.
In the event that the Ordinance Compliance Officer identifies
any illegal connections or leaking, deteriorating or poorly constructed
private sanitary sewer lateral and/or sanitary sewer service connections,
the Ordinance Compliance Officer shall give written notice of same
to the property owner and an order that such illegal connections be
eliminated and/or that such leaking, deteriorating or poorly constructed
sanitary sewer laterals and/or service connections be, at the property
owner's expense, repaired, replaced, or rehabilitated within
10 consecutive calendar days of the date of the notice and order.
If the condition does not create a health hazard, the Ordinance Compliance
Officer, upon request of the property owner, may once extend the 10
consecutive day deadline to 30 consecutive calendar days from the
date of the notice and order.
It is unlawful for any person to sell property without first
delivering to the purchaser a certificate of compliance or temporary
certificate of compliance. For purposes of this article, a sale of
property shall include any conveyance or transfer whereby title is
transferred from one person to another, but shall not include:
A. Refinancing where the holder of title remains unchanged; or
B. A transfer of title by operation of law following the death of the
owner.
A request for a Borough no lien letter must be accompanied by
a valid certificate of compliance and no lien letter fee, all of which
shall be delivered to the Borough at least seven business days prior
to the day the lien letter is to be provided.
The fees set forth in this article may be changed from time
to time by resolution of the Borough Council.
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.
It is unlawful for any person to refuse access to property for
purposes of dye testing, to issue or obtain false dye testing results,
or to procure a certificate of compliance or temporary certificate
of compliance under false pretenses. Any person violating these or
any other provisions of this article shall, upon conviction, be subject
to a penalty of not more than $500 for each violation or, in the alternative,
a penalty of not more than the maximum provided under other Borough
or Pennsylvania laws that may apply. Once a person is notified of
a violation of this article, each day that such violation occurs or
continues shall constitute a separate violation. In addition to and
not in lieu of the foregoing, the Borough may seek equitable and legal
relief to compel compliance with this article.