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 Trafford, Westmoreland and Allegheny Counties,
Pennsylvania.
BOROUGH LIEN LETTER
A written letter from the Borough Solicitor 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, a registered plumber,
or other qualified contractor whereby dye is introduced into the water
collection system of a property to determine whether basement seepage,
groundwater, downspout drainage, roof drainage, driveway drainage,
or 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 improvements 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. The 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, leaking, deteriorating, or poorly
constructed private sanitary sewer laterals 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 30 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 thirty-day
deadline to 30 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 a transfer
of title by operation of law following the death of the owner.
A request for lien letter must be accompanied
by a valid certificate of compliance and the lien letter fee, all
of which shall be delivered to the Borough Solicitor 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.
[Amended 5-10-2005 by Ord. No. 702]
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 under
false pretenses. Any person violating these or any other provisions
of this article shall, upon conviction, be subject to a fine of not
less than $100 nor more than $1,000, together with costs of prosecution.
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.