[Added 4-26-2006 by Ord. No. 1576]
Unless otherwise stated, this article shall
only apply to those properties, and the building/structures constructed
thereon, located in the Borough which directly connect to a separate
sanitary sewer system, as opposed to a combined sewer system.
As used in this article, the following words
and phrases shall have the meanings prescribed to them in this section,
except where the context or language clearly indicates or requires
a different meaning.
A person applying for a certificate of compliance or temporary
certificate of compliance.
The Borough Code Official/Building Inspector, Borough Code
Enforcement Officer, Zoning Officer, Borough Manager or other designee
of the Borough Manager or Borough Council.
A written letter from the Borough concerning municipal liens
or municipal property taxes.
An official statement or certificate issued by the Borough
certifying that there are no illegal storm or surface water connections
into the sanitary sewer system which would violate state, county or
Borough laws, statutes, ordinances and regulations.
A sewer system which has been designed to serve as both a
sanitary sewer and as a storm sewer and to carry sanitary sewage and
stormwater in the same sewer line(s).
Any dye test performed by the Borough or a licensed plumber
whereby dye is introduced into the storm, surface or subsurface water
collection system and downspouts of structures or improvements to
real property to determine if surface stormwater is entering into
the sanitary sewer system.
The discharge of basement seepage, surface stormwater or
groundwater or the connection of downspouts, roof drainage or surfaces
or areaway drainage into the sanitary sewer system.
Real property on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvement on the real property is connected to the sanitary sewer
system.
A registered master plumber licensed by the Allegheny County
Department of Health to perform dye tests.
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
The sanitary sewer lines and related facilities maintained
and operated by the Borough.
The sale, transfer, or assignment of any interest in real
property; provided, however, that a refinancing of real property,
without a conveyance, is not a sale or transfer under this article.
A sewer system or part thereof which is specifically designed
and intended to carry sanitary sewage separate from stormwater.
Surface water and groundwater, including but not limited
to roof and driveway drainage, basement seepage, and surface and areaway
drainage.
A temporary statement from the Borough issued pursuant to the terms of § 177-24 hereof.
It is unlawful for any person to sell or transfer
real property within the Borough on which a building or improvement
exists without first delivering to the purchaser or transferee a certificate
of compliance or temporary certificate of compliance issued by the
Borough.
A.
Any person selling or transferring real property within
the Borough shall make application for a certificate of compliance
on a form furnished by the Borough at least 21 days before the date
of sale or transfer. Prior to the sale or transfer of the improved
real property, the applicant shall have a dye test of the property
performed by a licensed plumber. No person other than a licensed plumber
shall perform a dye test in the Borough unless prior written approval
is obtained from the Borough. Upon completion of the dye test, the
person who performed the test shall complete the appropriate portions
of the application form confirming that the property has been dye
tested and certifying the results of such test.
B.
If the dye test reveals the existence of an illegal
storm or surface water connection, no certificate of compliance will
be issued until the illegal connections are removed and the storm
or surface water is discharged in compliance with the ordinances of
the Borough and certification of such is received, reviewed and approved
by the Borough Code Official/Building Inspector.
C.
In the event the property has been dye tested and
a certificate of dye testing has been issued in the preceding 10 years,
the Borough Code Official/Building Inspector, upon receipt of an application
for that property, shall inspect the property, and if that inspection
does not disclose any objective evidence of improper stormwater drainage
or illegal storm or surface water connection, then the Borough Code
Official/Building Inspector may waive the dye test and issue a certificate
of compliance upon seller or transferor paying a fee to the Borough
in an amount as established from time to time by resolution of Borough
Council.
A.
When an illegal storm 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, then the applicant may apply to the Borough
Code Official/Building Inspector for a temporary certificate of compliance
which may only be issued when the applicant provides the Borough with
all of the following:
(1)
Written documentation of practical hardship;
(2)
Financial security in the amount of $1,000 which complies with the requirements of Chapter 107 of this Code; and
(3)
An agreement by the purchaser/transferee to be responsible
for all cost overruns related to the remedial work together with a
written license, in a form acceptable to the Borough Solicitor, to
the Borough to enter upon the property to complete the work in case
of default by the applicant. Any such agreement and/or license shall
be in form acceptable to the Borough Solicitor.
B.
The Borough Code Official/Building Inspector shall
determine in good faith based upon all the circumstances when such
temporary certificate of compliance shall expire. The applicant and
the purchaser shall be advised of the expiration date. Upon expiration
of the temporary certificate of compliance without all work having
been completed, the security shall be forfeited to the Borough and
the Borough may use the security to have the necessary remedial work
completed. If the remedial work is completed prior to the expiration
date, the Borough shall return the security to the applicant or to
his/her designee.
A.
A request for a Borough lien letter or property tax
certification letter must be accompanied by a valid certificate of
compliance issued by the Borough and the lien letter fee, all of which
shall be delivered to the Borough at least 10 business days prior
to the day said letter is to be provided.
B.
When requested by a property owner or his/her agent,
and subject to time availability as determined solely by the Borough,
made in good faith based upon all the circumstances, the Borough may
issue an expedited Borough lien letter on two business 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 for the lien letter.
A.
Dye testing by Borough. Subject to applicable law,
the Borough is authorized to initiate dye testing or other testing
or inspection within the Borough for purposes of discovering or locating
the inflow of surface stormwater to the sanitary sewer system and
illegal storm or surface water connections. The Borough is authorized
to retain the services of a qualified contractor to perform the dye
testing or other testing or inspection.
B.
Notices to property owners. In the event the Borough
and/or the dye testing contractor identifies any illegal storm or
surface water connections and/or leaking, deteriorating or poorly
constructed private sanitary sewer laterals and/or sanitary sewer
service connections, the Borough Code Official/Building Inspector
shall give written notice of same to the property owner that such
illegal connections be eliminated and/or services connections be repaired,
replaced, or rehabilitated, at the property owner's expense, within
10 days of the date of the notice. If the condition does not create
a health hazard, then the Borough Code Official/Building Inspector,
upon request of the property owner, may extend the ten-day deadline
to 30 calendar days from the date of the notice.
Nothing in this article shall limit 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.
The Borough Manager is hereby empowered to make
reasonable rules and regulations for the operation and enforcement
of this article, including but not limited to: establishing the form
of applications, acknowledgments and certifications; and limiting
the time of year in which temporary certificates of compliance are
available for reasons of weather.
A.
Any person, firm or corporation who violates a provision
of this article, or who fails to comply therewith, or with any of
the requirements thereof, shall be, upon conviction thereof, sentenced
to pay a fine of not less than $100 nor more than $5,000 for each
violation, plus costs, and in default of payment of said fine and
costs, to imprisonment to the extent permitted by law for the punishment
of summary offenses.
B.
A separate offense shall arise for each day or portion
thereof in which a violation is found to exist or for each section
of this article found to have been violated. All fines and penalties
for the violation of this article shall be paid to the Borough Treasurer.
C.
The Borough may also commence appropriate actions
in equity or other to prevent, restrain, correct, enjoin, or abate
violations of this article.
