[Adopted 8-1-1967 by Ord. No. 25-67]
This article may be cited as the "Municipality
of Murrysville Sewage Disposal System Acquisition Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
All or part of a device or devices, installed on any privately
or publicly owned parcel of land, intended to treat or dispose of
the sewage or equivalent volume of domestic sewage from two or more
residences, buildings or occupied parcels of land, or any system of
piping used in collection and conveyance of sewage on private or public
property.
The Council of the Municipality of Murrysville, Westmoreland
County, Pennsylvania, its authorized agents or employees.
Petroleum products, petroleum by-products, germicides and
by-products unable to be disposed of in normal sewage treatment plant
operations consisting of aeration and chlorination.
The equitable or legal holder of the present and/or future
interest in land and/or any hereditament thereon whether an individual
or individuals, an association or a corporate body.
A.
From and after the passage of this article, the Municipality
of Murrysville may become the owner of and operate, maintain and enlarge
community sewage collection or disposal systems by paying therefor
not more than the actual value of the same at the time of acquisition
or by gift from the owner or owners thereof.
B.
The Council of the Municipality of Murrysville is
hereby empowered to acquire ownership of and to maintain, operate
and from time to time enlarge, the following sewage collection of
disposal systems and to enter into any necessary agreements with the
owner or owners thereof:
(1)
The sewage treatment plants, as well as the system
of piping, used in collection and conveyance of sewage on private
and public property which serve the following designated lot plans:
(a)
Bel Aire Manor Plan of Lots, Recorded PB 25,
Page 24, Lot Numbers 1 through 8.
[1]
First Addition to Bel Aire Manor Plan of Lots,
Recorded PB 31, Page 49, Lot Numbers 61 through 64 and Lot Numbers
100 through 126.
[2]
Second Addition to Bel Aire Manor Plan of Lots,
Recorded PB 38, Page 5, Lot Numbers 200 through 221.
[3]
Third Addition to Bel Aire Manor Plan of Lots,
Recorded PB 38, Page 59, Lot Numbers 300 through 361.
(b)
Surrey Farms Plan, Recorded PB 38, Pages 15
and 16, Lot Numbers 1 through 55.
[1]
Surrey Farms Plan, Addition No. 1, Recorded
PB 38, Pages 84 and 85; Lot Numbers 56 through 82 and Lot Numbers
100 through 124.
(c)
Rustic Ridge Plan No. 1, Recorded PB 41, Pages
30 and 31, Lot Numbers 1 through 17, Lot Numbers 56 through 60, Lot
Numbers 85 through 96 and Lot Numbers 109 through 113.
(d)
Rustic Ridge Plan No. 2, Recorded PB 41, Page
32, Lot Numbers 20 through 35, Lot Numbers 61 through 64, Lot Numbers
97 through 108.
(e)
Rustic Ridge Plan No. 3, Recorded PB 41, Pages
65 and 66, Lot Numbers 36 through 55, and Lot Numbers 65 through 84.
(2)
Pursuant to the authority vested in the Council by
this section of this article, and being presented with a proper deed
of conveyance in recordable form, as well as a proper bill of sale,
if such is deemed necessary, the Council may adopt an appropriate
resolution or resolutions accepting such deeds or bills of sale, whereupon
ownership of said community sewage collection or disposal systems
shall vest in the Municipality and the Municipality shall thereafter
operate and maintain said system or systems.
A.
From and after the effective date of this article, every property adjoining, adjacent or within the areas set forth in § 193-3 hereof shall be connected with such community sewage collection or disposal system in such a manner within the time set forth in Subsection B hereof, for the purpose of the discharge of all fecal matter, human excrement, kitchen and laundry waste and other sewage from such premises. All such sewage shall, after such connection, be conducted into such sewer. Each such property shall be connected separately and independently with the sewer through the house connecting the branch directly opposite the building or nearest thereto in a downstream direction.
B.
A landowner adjoining, adjacent or within the areas set forth in § 193-3 hereof shall, within 60 days after a notice to do so has been served upon him by the Council, either by personal service or by registered mail, directed to his last known address, connect with and use the community sewage collection or disposal system available in any area set forth in § 193-3 hereof, so long as any portion of the principal building on the land of such land owner is within 150 feet of and accessible to the community sewage collection or disposal system.
C.
Grouping of buildings upon one house sewer shall not
be permitted except under special circumstances and for good and sanitary
reasons with special permission granted by resolution by the Council
upon recommendation of the Municipal Engineer or the recommendation
of the Engineer then retained by the Murrysville Municipal Sanitary
Authority.
D.
No person shall hereafter make or cause to be made any connection of his property with any part of the community sewage collection or disposal system designated in § 193-3 hereof until he has fulfilled all of the following conditions:
(1)
He shall notify the Council of his intention to make
a connection.
(2)
He shall give the Chief Administrator of the Municipality
at least 24 hours' notice of the time when such connection is to be
made in order that the Municipal Engineer or his authorized agent
can be present to inspect and supervise the work of connection.
E.
All such connections shall be made at a Y in the sewer,
or, if none is available, the property owner shall, at his expense,
install such a Y connection. All joints shall be sealed and made airtight
and shall be smooth and clean inside, with all sewers in straight
alignment and of proper grade, so as to provide free flow of sewage
matter, without obstruction.
F.
From and after six months after connection to the
community sewage collection or disposal system by the property owner
affected by this article, any existing privy vault, cesspool or similar
receptacle for human excrement on such premises or connected therewith
shall be cleaned, drained and filled and not used for such purposes
hereafter. Should such privy vault, cesspool or other such receptable
not be cleaned, drained and filled within such period, it shall constitute
a nuisance, and such nuisance may be abated by proper legal action.
No landowner within the areas set forth within § 193-3 hereof shall connect or cause to be connected with any part of the community sewage collection or disposal system, directly or indirectly, any pipe carrying or constructed to carry industrial wastes or substances detrimental to the system of sewers until after he has advised the Council of, his intent to do so, in writing, at least 90 days prior to his proposed connection, which writing shall contain an exact description of the substance proposed to be discharged and an agreement that he will, after hearing before the Council, pay such reasonable charges as are, by resolution, deemed necessary for treatment of the proposed discharge, having reference to the preservation of the system, its parts and expenses of operation, as recommended and concurred in by the Municipal Engineer and/or by the engineer then retained by the Murrysville Municipal Sanitary Authority.
A.
In order that the community sewage collection or disposal system may be run effectively, from and after the effective date of this article, no landowners shall cause to be discharged into any part of said system surface waters, subsurface waters and/or waters from gutters or downspouts not related to that type of sewage set forth in §§ 193-4 and 193-5 hereof.
B.
Should any such landowner fail to disconnect any such
drainage from discharge into said system of sewers within 30 days
after the effective date of this article or within 30 days after receipt
by him of a certified mail notice, directed to his last known address,
by the Municipality of Murrysville or its authorized agents or employees,
or if any such drainage be construed, from and after the effective
date of this article, upon proof thereof before a District Justice,
he shall be guilty of a summary offense and subject to a fine of not
more than $10 for each and every day in which such connection is maintained,
which fine shall be collectible by due process of law.
[Amended 12-16-1991 by Ord. No. 305-91]
C.
Upon application by any property owner and favorable recommendation of the Municipal Engineer, or the engineer then retained by the Murrysville Municipal Sanitary Authority, to the Council of the Municipality of Murrysville, any landowner may, by resolution, be exempted from the provisions of Subsections A and B of this section, where the changing of existing drainage facilities on the applicant's premises is found to create substantial hardship.
All persons whose property connects with and is serviced by a community sewage collection or disposal system, within the areas designated within § 193-3 hereof, shall pay to the Municipal Treasurer, in addition to the cost of making such connection, a monthly, quarterly, semiannual or annual charge, as may, from time to time, be prescribed by resolution of the Council.
A.
In the case where any owner of property adjoining or adjacent to a sewer system shall refuse or neglect to connect with and use said sewer for a period of 60 days, as provided by § 193-4 hereof, said Council or its agents may enter upon such property and construct such connection. In such case, the Council shall forthwith, upon completion of the work, send an itemized bill of the cost of construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, it shall be the duty of the Council to file municipal liens for said construction if such billing remains unpaid for a period of six months after the date of completion of the construction of said connection.
B.
All monthly, quarterly, semiannual or annual charge
or charges for sewer rentals shall constitute a lien until paid against
the property connecting to or with the community sewage collection
or disposal system, and the amount thereof may be recovered by due
process of law.
C.
Any person, corporation, partnership, association
or other entity violating any of the provisions of this article shall
be subject to a fine of not more than $600 and upon default of the
payment of such fine, shall be subject to imprisonment in the county
jail for a period not exceeding 30 days.
[Added 12-16-1991 by Ord. No. 305-91]
The acceptance of title to any community sewage
collection or disposal system prior to the effective date hereof and
all motions, resolutions and/or official action of the Council of
the Municipality of Murrysville, relevant to sewage be and the same
is hereby ratified.
It is contemplated that, from time to time in the future, § 193-3 of this chapter may be amended to include additional community sewage collection or disposal systems, which may be acquired by the Municipality of Murrysville.
[Added 12-16-1991 by Ord. No. 305-91]
Fees required to be paid to the Municipality with regard to the provisions of this article shall be as set forth in Chapter 112, Fees.
