[Added 7-9-2002 by L.L. No. 4-2002]
The purpose of this article is to require inspection
of specified real property upon sale or transfer of title.
Prior to the sale or transfer of title of real property located in the Town of Geneva used for residential or business purposes, including farm residences and farm businesses, that are connected to the Town sewer system, the owner or transferor of the property shall not transfer the same until first applying for an inspection by the office of the Town of Geneva Superintendent of Water and Sewer or its duly authorized representative. The purpose of such inspection shall be to determine whether said use of said property is in compliance with Town Code Chapter 118 and the laws of the State of New York specifically related to unlawful discharge into a sanitary sewer or any other violation of Chapter 118 of this Code.
After inspection, if it is determined that no
violation exists, a certificate of approval to transfer title shall
be issued.
Upon a determination that a violation exists,
the Department of Water and Sewer shall establish a procedure by which
the owner or transferor of the affected real property shall commence
an abatement program. No certificate of approval shall be issued pursuant
to this article until the Department of Water and Sewer shall be satisfied
that such abatement has been completed, at which time a certificate
of approval shall be issued by the Department of Water and Sewer.
Any owner or transferor of property in the Town of Geneva that is subject to this article who sells or transfers without first obtaining a certificate of approval shall be deemed to be in violation of this article and shall be subject to Chapter 1, entitled "General Provisions," Article III, § 1-16.
Whenever it shall become necessary for the Code Enforcement Officer to enforce, or any officer of the Town of Geneva shall determine that Chapter 118, Sewers, of the Geneva Code shall be required to be enforced, the costs incurred by said officer for consultation fees with engineers, attorneys, or other professionals or costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQR), it shall be charged to the applicant or owner of the real property and shall be reimbursed by the applicant or owner of the real property before a building permit may be issued or a certificate of occupancy may be issued; and upon failure by the applicant or property owner to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises and if the same are not paid within 30 days after it shall be deemed payable, the same shall be certified to the County Treasurer's office, which shall place the same on the real property tax roll for that year, with interest, and penalties allowed by law, and be collected as other taxes are collected.
