[Adopted 10-20-2008[1]]
[1]
Editor's Note: This ordinance provided that
it shall take effect on January 1, 2009, and shall apply to the closing
or settlement of any sale of real property on or after that date,
without regard to the date of any agreement or contract under which
the sale occurred.
When used herein, the following words shall
have the following meanings:
Any person (defined below) selling real property (defined
below) or purchasing real property (defined below) located within
the Township.
A certificate from the Mahoning Township Municipal Authority
confirming that it has on file a written report or statement from
an inspector (defined below) certifying there is not located on a
property any illegal connections (defined below) into the sanitary
sewer system (defined below).
Connections to the sanitary sewer system that allow storm/surface/groundwater
to be discharged into the Authority's sanitary sewer system from sources
including, but not limited to, floor drainage, sump pumps, downspout
drainage, roof drainage, and areaway drainage.
Shall include physical inspection, dye testing (a commonly
accepted plumbing test whereby a nontoxic, nonstaining dye is introduced
into the storm/surface/groundwater collection system of real property
to determine if any storm/surface/groundwater is entering the sanitary
sewer system), smoke testing to detect roof leaders, and any other
reasonable and appropriate testing methodology(ies) acceptable to
the Mahoning Water and Sewer Authority to determine if any storm/surface/groundwater
is entering the sanitary sewer system.
A representative of the MTMA.
The Mahoning Township Municipal Authority, its agents, consultants,
contractors, or other designated representatives authorized to act
on its behalf.
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government, or
other entity recognized by law as the subject of rights and duties.
A person acquiring title to real property with or without
consideration.
Include any and all acquisitions of title to real property
with or without consideration.
Includes any and all transfers or changes in ownership of
real property, with or without consideration.
Sewers designed and built to carry sanitary sewage and/or
industrial waste separately from water discharge.
The entire sewer system of the Township operated by the MTMA.
A person transferring or conveying title to real property
to another person.
A sewer system designed to accept and transport flows of
storm/surface/groundwater, as distinct from sewage.
A certificate from the MTMA issued pursuant to § 183-81 of this article.
The Mahoning Township, Montour County, Pennsylvania.
A.
From and after the effective date of this article,
it shall be unlawful for any person to construct, install, maintain,
repair, operate, use, or allow an illegal connection to the sanitary
sewer system on real property owned by that person. This prohibition
expressly includes, without limitation, illegal connections made prior
to the effective date of this article, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
B.
From and after the effective date of this article
it shall be unlawful for any person whose real property is connected
to the sanitary sewer system to sell real property located within
the Township on which a building or improvement exists without first
obtaining and delivering to the purchaser (defined above) an evidence
of compliance certificate or a temporary evidence of compliance certificate
from the MTMA as required under this article.
C.
From and after the effective date of this article
it shall be unlawful for any person (purchaser) to purchase real property
located within the Township connected to the sanitary sewer system
on which a building or improvement exists without first obtaining
from a seller a valid evidence of compliance certificate or a temporary
evidence of compliance certificate.
Illegal connections must be disconnected from
the sanitary sewer system and redirected, as appropriate, to either
a separate storm sewer system, or another appropriate legal place.
Connection of the illegal connection to the Township's separate storm
sewer system is subject to the prior approval of the Township and
the MTMA. In no event is water to be discharged from the illegal connection
upon or across public or private sidewalks, or discharged onto adjacent
property. Prior to the commencement of any work on the disconnection
of an illegal connection, all necessary and required building permits,
street opening permits, sidewalk opening permits, tap-in permits,
and other approvals and permits that may be necessary to accomplish
the disconnection shall be acquired, and all fees paid, and a plan
of corrective action shall be presented to the MTMA, for the MTMA's
approval, on a MTMA Corrective Action Plan form (plan form). "Disconnection"
shall mean that the illegal connection is disconnected and removed
from the sanitary sewer system, and that the illegal connection access
to the sanitary sewer system at that location is permanently capped
and sealed. The disconnection of the illegal connection shall be certified
by an inspector on the MTMA plan form.
A.
Any person selling real property (applicant) located
within the Township, whose real property is connected to the sanitary
sewer system, shall have said real property inspected by a MTMA inspector
or representative. Said person shall arrange for an inspection by
obtaining an application for evidence of compliance certificate (application)
from the MTMA, submitting the completed application to the MTMA, and
paying such fee(s) and cost(s) as required by the MTMA. Upon completion
of the inspection, the inspector shall complete the appropriate section
of the inspection results form (results form) confirming that the
property has been inspected and certifying the results of such inspection.
(1)
If the inspector determines that there are no illegal
connections on the real property he shall so note on the results form
and the application, and the MTMA shall issue the evidence of compliance
certificate promptly after the MTMA's receipt of the properly completed
application and results form.
(2)
If the inspector determines that there is/are illegal
connection(s) on the real property he shall so note on the results
form, and the applicant shall present a plan of corrective action,
for the MTMA's approval, on a MTMA plan form. The time period for
the completion of the remedial work (based upon the extent of the
work required and the existing conditions) shall be such as the MTMA
will approve. After the corrective action has been taken, the applicant
shall submit a report thereof to the MTMA on the MTMA's corrective
action report form (report form) and pay any additional fee(s) and
cost(s) required by the MTMA. The real property will be reinspected,
and if the inspector determines that there are then no illegal connections
on the real property he shall so certify on the report form, and the
MTMA shall issue the evidence of compliance certificate promptly after
the MTMA's receipt of the completed application and the report form.
B.
An evidence of compliance certificate shall expire
three years following the date of its issuance. If any additions are
made to the property within the period of three years, a certification
shall be obtained from an inspector that the addition has no illegal
connections.
A.
Any person purchasing real property (purchaser) located
within the Township connected to the sanitary sewer system on which
a building or improvement exists without first obtaining from a seller
a valid evidence of compliance certificate or a temporary evidence
of compliance certificate shall have said real property inspected
by a MTMA inspector. Said person shall arrange for an inspection by
obtaining an application for evidence of compliance certificate (application)
from the MTMA, submitting the completed application to the MTMA and
paying such fee(s) and cost(s) as required by the MTMA. Upon completion
of the inspection, the inspector shall complete the appropriate section
of the inspection results form (results form) confirming that the
property has been inspected and certifying the results of such inspection.
(1)
If the inspector determines that there are no illegal
connections on the real property he shall so note on the results form
and the application, and the MTMA shall issue the evidence of compliance
certificate promptly after the MTMA's receipt of the properly completed
application and results form.
(2)
If the inspector determines that there is/are illegal
connection(s) on the real property he shall so note on the results
form, and the applicant shall present a plan of corrective action,
for the MTMA's approval, on a MTMA plan form. The time period for
the completion of the remedial work (based upon the extent of the
work required and the existing conditions) shall be such as the MTMA
will approve. After the corrective action has been taken, the applicant
shall submit a report thereof to the MTMA on the MTMA's corrective
action report form (report form) and pay any additional fee(s) and
cost(s) required by the MTMA. The real property will be reinspected,
and if the inspector determines that there are then no illegal connections
on the real property he shall so certify on the application and the
report form, and the MTMA shall issue the evidence of compliance certificate
promptly after the MTMA's receipt of the properly completed application
and report form.
B.
An evidence of compliance certificate shall expire
three years following the date of its issuance. If any additions are
made to the property within the period of three years, a certification
shall be obtained from an inspector that the addition has no illegal
connections.
A.
In the event that an illegal connection is discovered pursuant to § 183-79 of this article, and the applicant believes that it would create an undue hardship to perform the necessary corrective action prior to the date of closing on the sale of the property, the applicant may apply to the MTMA for a temporary evidence of compliance certificate on a MTMA-approved form. The MTMA may issue a temporary evidence of compliance certificate upon the payment of such fee(s) and cost(s) as the MTMA may from time to time establish, and provided there is strict compliance with all the following conditions:
(1)
The MTMA is provided with a bona fide, executed contract
(hereinafter "contract") between the applicant and a contractor requiring
the contractor to complete the necessary remedial work to correct
and/or disconnect and remove the illegal connection, and granting
the MTMA the right and power to enforce the contract as a third-party
beneficiary. The time period set forth in the contract for the completion
of the remedial work (based upon the extent of the work required and
the existing conditions) shall be such as the MTMA will approve;
(2)
Cash security (hereinafter "security") in the amount
of 120% of the price of the contract is deposited with the MTMA or
provision is made that, at closing, a security in the amount of 120%
of the price of the contract shall be collected by the closing agent
for the MTMA and immediately deposited with the MTMA. The security
shall be held by the MTMA in a noninterest bearing account. Security
shall be limited to cash, certified checks and treasurer's checks.
(3)
A written agreement between the purchaser or transferee
and the MTMA under which the purchaser or transferee agrees to be
responsible for all cost overruns related to the remedial work together
with a grant to the MTMA of a license to enter upon the property to
complete the work at the expense and cost of the purchaser or transferee
should the contractor or the applicant default on the contract. Any
cost overrun exceeding the security posted with the MTMA shall remain
the sole and exclusive liability of the purchaser or transferee and
constitute a recordable lien against the real property.
B.
The temporary evidence of compliance certificate shall
be effective for no more than 60 days, and the expiration date shall
be noted thereon. In the event the required remedial work necessitated
by the sale of real property is not practical due to the absence of
available remedies, and where the MTMA has adopted a plan of corrective
action applicable to the sanitary sewers serving such real property,
then the temporary evidence of compliance certificate shall be extended
until the planned corrective action is completed. In such event, the
MTMA shall set security in the amount of 120% of the price of the
applicant's anticipated pro rata cost of the anticipated remedial
work.
C.
If, upon expiration of the temporary evidence of compliance
certificate, all remedial work has not been completed and the evidence
of compliance certificate has not been issued, the security deposited
with the MTMA shall be forfeited and the MTMA may use said security
to have the required remedial work completed.
The MTMA may reject an application for an evidence
of compliance certificate or for a temporary evidence of compliance
certificate whenever the requirements of this article have not been
met. In the event of such a rejection, the applicant may, within 15
days of the rejection, file an appeal with an appropriate appellate
body.
The MTMA may, by resolution, adopt any or all
of the following in order to accomplish the purposes of this article:
A.
Establish and promulgate any and all forms, fees,
procedures, regulations and/or guidelines necessary to implement and
effectuate the objectives and purposes of this article.
A.
Upon presentation of proper credentials, duly authorized
representatives of the Authority may enter at reasonable times upon
any property within the Township to perform inspections to determine
compliance with this article. The MTMA shall notify the property owner
within 24 hours of entry.
B.
Property owners shall allow persons working on behalf
of the Authority ready access to all parts of the premises for the
purposes of determining compliance with this article.
C.
If a property has security measures in force which
require proper identification and clearance before entry into its
premises, the owner and/or possessor shall, upon reasonable notice
by the MTMA, make the necessary arrangements to allow access by representatives
of the MTMA.
D.
The owner and/or possessor of the property shall allow
the MTMA reasonable access to all parts of a property necessary to
the inspections of the property. The MTMA shall have the right to
set up on any property such devices as are necessary in the opinion
of the MTMA to conduct inspections of the property.
E.
Any temporary or permanent obstruction to safe and
easy access to the property to be inspected shall be promptly removed
by the owner and/or possessor of the property at the oral or written
request of the MTMA and shall not be replaced until such inspection
is completed and/or any violations of this article are corrected and
such corrections are certified by an inspector.
F.
The MTMA may provide notice of the inspections of
a property or properties orally or by written notice or publication.
Notice is required if the owner and/or possessor specifically refuses
access.
G.
If the MTMA has been refused access to any part of
a property on which an illegal connection is suspected, and the MTMA
is able to demonstrate probable cause to believe that there may be
a violation of this article, or that there is a need to inspect and/or
sample as part of a routine program of inspection and sampling designed
to verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety, environment and welfare
of the community, then the MTMA may seek issuance of a search warrant
from any court of competent jurisdiction.
[1]
Editor's Note: Consult municipal records for
penalties set by resolution of the Township.
Whenever the MTMA finds that a noncompliance
or violation of this article has occurred, the MTMA may order compliance
by written notice of noncompliance/violation. Said notice may be served
personally on the owner and/or possessor of the property, or by leaving
the same at the principal building on the property, or by posting
the same conspicuously on the property, or by certified mail sent
to the address of the property or at such other address for the owner
and/or possessor as maintained in the Township or County of Montour
records.
A.
The notice of noncompliance/violation shall contain:
(1)
The name and address of the alleged noncomplier/violator;
(2)
The address, when available, or a description of the
building, structure or land upon which the noncompliance/violation
is occurring, or has occurred;
(3)
A statement specifying the nature of the noncompliance/violation;
(4)
A description of the remedial measures necessary to
restore compliance with this article and a time schedule for the completion
of such remedial action;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of noncompliance/violation
is directed; and
(6)
A statement that the determination of violation may
be appealed by filing a written notice of appeal with an appropriate
appellate body within 15 days of the service of notice of noncompliance/violation.
B.
Such notice of noncompliance/violation may require
without limitation:
(1)
The performance of inspections, monitoring, analyses,
and reporting;
(2)
The elimination, disconnection, and removal of the illegal connection(s) in accordance with § 183-78 of this article; and
(3)
That the person whose discharges, practices, or operations
are in noncompliance/violation of this article shall cease and desist
from such noncompliance/violations.
Any person receiving a notice of noncompliance/violation
may appeal the determination of violation by filing a written notice
of appeal with an appropriate appellate body within 15 days of the
service of the notice of noncompliance/violation.
A.
If the noncompliance/violation(s) has/have not been
corrected in accordance with the provisions and/or times established
pursuant to this article, the MTMA is authorized to take any and all
measures necessary to abate the noncompliance/violation, disconnect
and remove the illegal connection(s), and/or restore the property.
The costs of the enforcement measures taken by the MTMA shall constitute
a recordable lien against the property.
B.
Where correction of the noncompliance/violation cannot
be made in accordance with the provisions and/or times established
pursuant to this article, upon proof to the MTMA of a contract for
performance of the correction work, or other document satisfactory
to the MTMA showing good faith commencement of correction of the noncompliance/violation,
abatement by the MTMA may be delayed up to a maximum of 60 days after
the notice of noncompliance/violation or, in the case of appeal, for
a maximum of 60 days after the decision of the appellate body upholding
the determination of noncompliance/violation made by the MTMA.
In the event a noncompliance/violation of this
article constitutes an immediate danger to public health or public
safety, the MTMA is authorized to take any and all measures necessary
to abate the noncompliance/violations, disconnect and remove the illegal
connection(s), and/or restore the property. The costs of the measures
taken by the MTMA shall constitute a recordable lien against the property.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of the provisions of this article is a threat to public
health, safety, welfare, and the environment and is declared and deemed
to be a nuisance, and the MTMA may seek abatement thereof by injunctive
or other equitable relief as provided by law.
A.
The remedies listed in this article are not exclusive
of any other remedies available under any applicable federal, state
or local law, and the MTMA may seek cumulative remedies.
B.
The MTMA may recover attorney fees, court costs, and
other expenses associated with enforcement of this article, including
sampling and monitoring expenses.
