[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park 7-12-2004 by L.L. No. 4-2004 (Ch. 27, Arts. V and
VI, of the 1979 Code). Amendments noted where applicable.]
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water, or unpolluted industrial process
waters to any sanitary sewer.
No person shall make connection of roof down
spouts, foundation drains, areaway drains, sump pumps, floor drains,
such as garage or basement, or other sources of surface runoff or
groundwater to a building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary sewer. Any such
connection now in existence shall be removed.
No person shall transfer title to another person nor accept from any other person the transfer of title to any structure or parcel of land upon which a structure is located until the Director of Public Works or his authorized agent shall have inspected the sump pump system, footing drains, yard drains, and down spouts of such structure or parcel of land and issued a certificate of compliance stating that the same is found to be in compliance with the provisions of §§ 176-1 and 176-2. Such certificates will be valid for six months from the date of issue. This section shall not apply to transfers of property by gift, intestacy, or testamentary disposition, transfers pursuant to the Bankruptcy Code, partition or matrimonial settlement.
A.
The Director of Public Works may temporarily waive
the requirement for a certificate of compliance as a prerequisite
to transfer of title, provided that the purchaser:
(1)
Shall file with the Director of Public Works a written
agreement to correct any deficiencies to the sump pump system, foot
drains, yard drains, and down spouts within a period of time to be
specified by the Director of Public Works; and
(2)
Shall provide a sum of $1,500 which shall be held
in escrow by the Village of Orchard Park and which sum shall be returned
to the purchaser if the corrections are completed within the time
specified in the agreement. Such sum will be forfeited to the Village
if the corrections are not completed within the time specified in
the agreement.
The Director of Public Works shall not issue
a permit for any connection to the Village's wastewater treatment
system unless there is a sufficient capacity in the wastewater treatment
system to convey and adequately treat, in accordance with this chapter,
the quantity of wastewater which the requested connection will add
to the system.
[Amended 2-26-2007 by L.L. No. 1-2007[1]]
The Village shall charge and the Director of Public Works shall collect before issuing a permit the following fees as set forth in Chapter A232, Fees:
A.
Failure to comply with a violation order, within the
time limit stated therein, shall constitute a violation pursuant to
the Penal Law. A person convicted of an offense shall be punished
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
B.
The penalties heretofore prescribed shall not be imposed
upon a person who by operation of law acquires premises containing
violations for which a violation order has been issued for a period
of six months after the date of such acquisition of the premises.
Nevertheless, the penalties provided shall attach and apply either
upon the expiration date of such six-month period or upon transfer
of title to the premises before the expiration of such period, whichever
occurs first.
