[Adopted 12-23-2003 by Ord. No. 1545]
As used in this article, the following terms shall have the meanings
indicated:
An official statement from BASA stating that there was, at the time
of inspection and testing, no evidence of any illegal stormwater and surface
water connections and infiltration of ground- or subsurface waters on the
specific property which is being sold, transferred, assigned, mortgaged or
refinanced.
The connection or presence of any basement seepage, stormwater, surface
water, drains, down spouts, roof drainage, or infiltration of ground- or subsurface
waters into the sanitary sewer system.
A written letter from officials of BASA concerning municipal liens
for public sanitary sewer service and charges related thereto.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as the subject
of rights and duties.
As defined under the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.2, any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals and
any noxious or deleterious substances being harmful or inimical to the public
health, or to animal or aquatic life, or to the use of water for domestic
supply or for recreation, or which constitutes pollution under the Act of
June 22, 1937 (P.L. 1987, No. 394, also known as the Clean Streams Law, as
amended, 35 P.S. § 691.1 et seq.).
Any commonly accepted method of testing and inspection wherein television
camera, dye and/or smoke is introduced into the storm, surface, ground- or
subsurface water collection system, down spouts or sanitary sewer lateral
connection of real estate property to determine if any illegal stormwater
or surface water or infiltration of ground- or subsurface water is entering
the sanitary sewer system.
The City has, by Ordinance No. 1502 (Council Bill No. 2001-103),[1] designated BASA, its officers, employees and agents, as agents
for the City to identify, report and require the disconnection of any illegal
stormwater and surface water connections and infiltration of ground- or subsurface
waters, at any time prior to or from the effective date of this article, to
the BASA sanitary sewer system, and for such purpose, BASA, its officers,
employees and agents, are authorized to enforce, consistent with this article
and the ordinances in effect within the City with respect to illegal stormwater
and surface water connections and infiltration of ground- or subsurface water
to the sanitary sewers. BASA shall report to the City all enforcement measures
undertaken within the City which are directed to an owner, lessee or occupier
of realty situate in the City.
After the effective date set forth in § 217-23 of this article, it shall be unlawful for any person to sell or transfer any real estate within the City of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system, when such sale or transfer is subject to taxation under the Realty Transfer Tax Act, 72 P.S. § 8101-C et seq., and the corresponding regulations of the Department of Revenue; or to mortgage or refinance any real estate within the City of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system when such mortgage or refinancing is for the purpose of acquiring title to, or improving, modifying, repairing or rehabilitating any such real estate which requires a building permit under the City’s Building Code,[1] without first delivering to the purchaser, transferee mortgagee
or person or institution providing financing or refinancing, a document of
certification from the proper officials of BASA.
A.
My person selling, transferring, mortgaging or refinancing real estate located within the City of Butler (hereinafter “applicant”) and subject to the requirements set forth in § 217-12 above shall make application on a form furnished by the BASA at least 14 days before the date of sale, transfer, mortgaging or refinancing, together with payment of a fee to be set by the City by resolution of Council.[1] BASA shall schedule, within 14 days of receipt of the application,
an inspection and televising, dye and/or smoke test on the property to be
sold, transferred, mortgaged or refinanced, said televising, dye or smoke
testing to involve the use of nontoxic, nonstaining dye or smoke. BASA shall
complete the appropriate portions on the form that the property lateral and
facilities have been inspected, televised, dye and/or smoke tested, and certify
the results of such test. In the event that there was, at the time of inspection
and testing, no evidence of illegal connections, devices, or conditions causing
or permitting storm- or surface water, or infiltration of ground- or subsurface
waters, to enter the sanitary sewer system, BASA shall issue a document of
certification.
[1]
Editor’s Note: Ordinance No. 1545 provided that the Authority
requests that the governing body of each municipality establish by separate
resolution the initial fee for application be in the amount of $150.
B.
When an illegal connection, device, or condition which
causes or permits storm- or surface water or the infiltration of ground- or
subsurface water to enter into the BASA sanitary sewer system is discovered
by the means of the above-mentioned inspection and testing, no document of
certification will be issued until the illegal connections, devices, or conditions
are removed, inspected and approved by BASA. BASA shall have the authority
to permit BASA and the applicant, purchaser, transferee, mortgagor, mortgagee
and any other appropriate person to enter into an escrow agreement to provide
adequate assurance to BASA that the necessary actions will be taken to remove
the illegal connection, device, or condition and to eliminate the illegal
stormwater and surface water connections and infiltration of ground- or subsurface
waters from entering into the BASA sanitary sewer system.
C.
Testing will not be required when the application process
reveals that a valid document of certification with respect to the specific
tax parcel has been issued by BASA in accordance with this article within
a period of five years from the date of application.
In addition to the requirements set forth in §§ 217-12 and 13 of this article of the City, any person selling, transferring, mortgaging or refinancing real estate located within the City which is connected to the BASA sanitary sewer system must subject such person’s real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of BASA, between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, and upon seven days’ written advance notice to the person selling such real estate, to determine the presence of any illegal connection, device (e.g., a sump pump), or condition, which causes or permits storm- or surface water or the infiltration of ground- or subsurface water to enter into the BASA sanitary sewer system. Such person shall not be issued a document of certification until such inspection and testing has been performed and has revealed no evidence that a connection, device, or condition exists which causes or permits storm- or surface water or the infiltration of ground- or subsurface water to enter into the BASA sanitary sewer system and a followup inspection verifies that such connection, device or condition found to be previously in operation or existence has been disconnected and removed; or an escrow agreement satisfactory to BASA has been executed and a followup inspection of the illegal connection, device or condition identified in such agreement verifies that such connection, device or condition found to be previously in operation or existence has been disconnected and removed.
BASA is authorized in the course of its program of inspection and testing
privately and publicly owned facilities within the City, when it identifies
deteriorating sewer service laterals or other connections, devices or conditions
which cause or permit inflow of storm- and surface waters or infiltration
of ground- or subsurface waters into the publicly owned facilities of the
BASA sanitary sewer system, to provide written notice to the property owner
or owners as to the condition of such laterals and sewer service connections,
devices or conditions, together with a statement that such deteriorating laterals
and sewer service connections, devices or conditions, must, at the property
owner’s expense, be promptly repaired, replaced or rehabilitated. A
copy of all written reports of deteriorating laterals and sewer service connections
shall be kept on file and shall be used in determining whether certificates
can issue.
A.
BASA, its officers, employees and agents, in performing
its duties and authorized functions under this article, shall be empowered,
subject to the requirements set forth below, to enter upon any private property
at all reasonable times between the hours of 7:00 a.m. and 9:00 p.m., prevailing
time, with seven days’ written advance notice to the owner, lessee or
occupier (unless exigent circumstances require otherwise) for the purpose
of obtaining information, conducting routine or systemic inspections, and
televising, dye and/or smoke testing, and/or enforcing this article, and shall
have only those powers expressly set forth in this article and in other ordinances
of the City or provided by law to perform its functions consistent with such
ordinances and laws. BASA shall first seek permission from the owner, lessee
or occupier of such real estate to enter upon the property to obtain information,
conduct inspections and/or enforce this article. In the event that permission
is not granted by the owner, lessee or occupier of the property, BASA shall
make appropriate application to the Court of Common Pleas for authorization
to enter upon the property for such purposes.
B.
In the event the owner of the premises is unable or fails
to effect the necessary remedial work within the time permitted, including
any extension thereof, or BASA determines that a public health hazard exists,
BASA may undertake to have the necessary remedial work completed by its employees
or a third-party at the expense of the owner, lessee or occupier of the premises,
and to make any necessary arrangements for the payment of such work by the
owner, lessee or occupier of the premises on an installment basis, which arrangements
shall be mutually satisfactory to the owner, lessee or occupier. Under such
circumstances, in the event satisfactory arrangements are not agreed upon
by the BASA and the owner, lessee or occupier, the BASA may file a lien against
such property.
C.
BASA is hereby authorized to conduct, by written advance
notice, random and/or periodic inspection and televising, dye and/or smoke
testing, and any other appropriate test or inspection, without cost to the
residents of the City, of all existing sanitary sewer systems and structures
in the City for compliance with this article and other laws pertaining to
sanitary sewer systems and structures. Such testing will not be required when
the owner, lessee or occupier of the land produces a valid document of certification
issued by BASA in accordance with this article, which document of certification
shall be sufficient proof of compliance for purpose of this article, for a
period of two years from the date of issuance.
D.
When illegal stormwater or surface water connections
or infiltration of ground- or subsurface water or conditions have been discovered,
all necessary remedial work to correct such connection shall be completed
by the owner, lessee or occupier of the premises, weather permitting, within
60 days of the date such party receives notification of the illegal device,
connection or condition.
E.
In the event the necessary remedial work would create
extraordinary economic hardship for the owner, lessee or occupier of the premises,
application may be made to BASA for an extension of up to an additional six
months to complete said remedial work. An extraordinary economic hardship
shall be determined by the Board of BASA, upon consideration of the cost of
the remedial work, the financial means of the owner(s) and other factors which
the Board may determine to be relevant.
F.
BASA shall also have the power to institute suit in equity
to restrain, prevent, remove or correct any connection, device, or condition
from and/or to the sanitary sewer system.
The powers conferred by this article of the City shall be in addition
to and not in substitution for any other powers conferred upon BASA to enforce
and require the elimination of illegal stormwater and surface water connections
or infiltration of ground- or subsurface water to the BASA sanitary sewer
system.
A.
BASA is hereby authorized, empowered and directed to
make rules and regulations for the operation and enforcement of this article
as it deems necessary, which shall include, but not be limited to:
B.
In the event that BASA determines that any rule or regulation
is required, it shall give the City at least sixty (60) days’ written
notice prior to its adoption and implementation by the BASA Board.
Nothing in this article shall limit, in any fashion whatsoever, the
City’s rights to enforce its ordinances or the laws of the Commonwealth
of Pennsylvania. Nothing in this article shall be a defense to any citation
issued by any municipal corporation or the Commonwealth pursuant to any other
law or ordinance.
A.
Any person, firm, corporation or entity which is found
to have violated any sewage-related City ordinance enforced by BASA and/or
the City or who willfully violated or failed to comply with any provision
of this article and the orders, rules, regulations and permits issued hereunder,
shall pay a fine of not less than $100 or no more than the maximum penalty
set forth in the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.13,
following adjudication by a judge of the Court of Common Pleas, for each violation.
Each day on which a violation shall occur or continue to occur shall be deemed
a separate and distinct violation. In addition to the penalties provided herein,
BASA and the City may recover penalties, damages, costs, reasonable attorneys’
fees, court costs, court reporters’ fees and other expenses of litigation
by appropriate suit at law against the person or user found to have violated
this article or the orders, rules, regulations and permits issued hereunder.
B.
BASA shall also have the power to institute suit in equity
to restrain, prevent or correct any illegal connection, device, or condition
which causes or permits storm or surface water or the infiltration of ground-
or subsurface water to enter into the BASA sanitary sewer system.
C.
Upon final adjudication that a violation of this article
exists and refusal or failure to act by the property owner to undertake the
repair, replacement of rehabilitation identified by written notice as herein
provided, BASA shall have the right to enter onto the subject property to
conduct the necessary work to bring the property into compliance with this
article at the expense of the property owner and further, upon failure of
the property owner to pay said expense, BASA shall have the right to file
a lien against the subject property for the amount of said expense, together
with the costs of filing and perfecting such lien.
D.
Any applicant, purchaser, transferee, mortgagor, mortgagee
or other person aggrieved by an initial determination by BASA personnel that
an illegal connection, device or condition exists on real estate shall be
permitted to file a request for a hearing before the Butler Area Sewer Authority’s
Board of Appeals. Any request for a hearing must be received by BASA within
30 days of the date of BASA’s notification to the applicant, purchaser,
transferee, mortgagor, mortgagee or other person that an illegal connection,
device or condition exists. The hearing before the Board of Appeals shall
be governed by applicable provisions of the Local Agency Law, 2 Pa.C.S.A.
§§ 101 et seq. and 751 et seq., and a right of appeal from
the determination of the Board of Appeals shall be permitted in accordance
with the Local Agency Law.
E.
The Board of Appeals shall be empowered solely to determine
whether or not any illegal connection, device or condition exists on the property.
The Board of Appeals shall consist of two available members of the BASA Board
and a third member appointed to the Board of Appeals by the governing body
of the municipality wherein the property which is the subject of the appeal
is situated. If any municipality does not appoint a member to the Board of
Appeals, a vacancy exists in any such appointment, or a member appointed is
otherwise not available, the third member of the Board of Appeals shall be
a member appointed by another municipality within the service area of BASA,
or if no such member is available, the third member of the Board of Appeals
shall be an available member of the BASA Board. No appointee of any municipality
to the Board of Appeals shall be involved in any inspection of property on
behalf of the municipality or be engaged in the business, trade or occupation
of performing plumbing or sewer line installation or repairs.
The provisions of this article are severable and if any section, sentence,
clause or phrase shall be held by a court of competent jurisdiction to be
illegal, invalid or unconstitutional, the remaining portions of this article
shall not be affected or impaired hereby.
Any ordinance or part of any ordinance conflicting with the provisions
of this article be and the same are hereby repealed to the extent of such
conflict.