[Adopted 4-12-1999 by Ord. No. 7-1999]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Ingram, Allegheny County, Pennsylvania.
A test conducted on real property by the use of colored innocuous
substances that will reveal the direction and flow of stormwater or
surface water.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage, driveway drainage or surface or areaway
drainage into the sanitary sewer system.
The transfer, assignment, pledge or hypothecation of any
interest in real property to a lender for value, which transfer, assignment,
pledge or hypothecation is evidenced by a mortgage, deed, trust, or
other security instrument.
A letter or certificate issued by the Borough certifying
the status or existence of municipal liens asserted against real property
located within the Borough.
Any person, syndicate, association, partnership, firm, corporation
or the chief executive officer of any corporation, institution, agency,
authority, partnership or member of such partnership, or other lawful
entity.
A letter or certificate issued by the Borough certifying
the payment or nonpayment of Borough and/or Montour School District
real estate taxes.
The transfer or assignment, with or without consideration,
of any interest in real property situate within the Borough, whether
or not the same is to a person or persons related by blood to the
transferor.
An official statement and certification issued by the Borough
stating that there are no illegal storm sewer or surface water connections
to the sanitary sewer lines on the real property to be sold, transferred,
assigned or mortgaged.
A temporary statement of certification issued by the Borough pursuant to the provisions of § 146-21 of this article.
On and after the effective date of this article,
any person or persons selling or mortgaging any interest in real property
situate within the Borough of Ingram, as those items are defined herein,
and prior to the Borough's issuance of a municipal lien letter and/or
real estate tax payment certification, shall be required to apply
for and obtain a sanitary sewer certification as hereinafter provided.
A.
Any person or persons ("applicant") selling or mortgaging
real property located within the Borough shall submit an application
for a sanitary sewer certification on a form furnished by the Borough
at least 14 days prior to the date of sale or mortgage closing. The
applicant shall cause a plumber who is registered and licensed by
the Allegheny County Health Department to perform a dye test on the
property to be sold or mortgaged. Such plumber shall complete the
appropriate portions of the form and certify that the property has
been dye tested and the results of such test. In the event that there
are no illegal stormwater or surface water connections or discharges,
the Borough Manager, or his or her designee, upon payment of a fee
as may be revised by fee resolution[1] of the Borough from time to time, shall issue a sanitary
sewer certificate certifying that there are no illegal stormwater
or surface water connections or discharges.
B.
In the event that an illegal stormwater or surface
water connection or discharge is discovered by means of the above-mentioned
dye testing, no document of certification will be issued until the
illegal connections or discharges are removed and certification of
such removal by a registered licensed plumber is received. Upon notification
of the removal of the illegal connections or discharges, the Borough
may in its discretion employ an individual, firm or entity to confirm
such removal. The cost of such reinspection shall be borne by the
applicant.
A temporary document of certification may be
issued at the Borough's sole discretion when either:
A.
The applicant establishes that dye testing cannot
be performed because of weather conditions. In such case, the applicant
shall provide the Borough with security in the amount of $500 to guarantee
that the dye test will be performed within 14 days. In addition, the
applicant or a purchaser shall provide a signed, written acknowledgment,
in a form acceptable to the Borough, agreeing to correct any violations
that may be discovered as a result of the performance of a dye test.
Primary responsibility for compliance with this article shall be deemed
to run with the land and be the responsibility of the legal owner
of the property, and any agreement between an owner and purchaser
or assignees as to the payment of the cost to correct the violations
shall not affect the Borough's enforcement powers, excuse an owner
from performance, or affect the Borough's enforcement of this article.
In the event that the applicant or legal owner fails to perform the
dye testing within the fourteen-day period, then the Borough may,
upon five days' prior written notice, cause a dye test to be conducted.
The cost of such dye test will be deducted from the security held
by the Borough. In the event that the dye test reveals an illegal
storm or sanitary sewer connection, then the Borough may utilize the
security to remediate the condition. Any excess funds remaining as
security shall be refunded to the applicant. Any balance due shall
be the responsibility of the applicant and/or property owner. Failure
to pay any balance due shall be subject to the entry of a municipal
claim for such payment and/or initiation of legal proceedings to collect
the same. Applicant and/or property owner shall be responsible for
all costs and legal fees incurred by the Borough in collecting any
sums due.
B.
If an illegal stormwater or surface water connection
is discovered and the necessary remedial activities to correct such
connection or discharge would require a length of time such as would
create a practical hardship for the applicant, then the applicant
may apply to the Borough Manager for a temporary sanitary sewer certificate,
which may only be issued when the applicant provides the Borough with
all of the following: a bona fide, executed contract between the applicant
and a registered licensed plumber to complete the necessary remedial
work, with the Borough listed therein as a third-party beneficiary;
cash security in the amount of said contract posted with the Borough;
and an agreement by the applicant and the purchaser to be responsible
for all cost over-runs related to the remedial work, together with
a license to enter upon the property to complete work in the event
of the default of the contractor. The temporary sanitary sewer certification
shall expire within 30 days after its issuance, and at the expiration
of the same, the security thus posted shall be applied by the Borough
to have the necessary remedial work completed. Any excess funds remaining
as security shall be refunded to the applicant or purchaser if directed
by the applicant, but in the event that the security posted is insufficient
to complete the remedial work, the applicant and purchaser or, in
the case of a refinance, the property owner, shall be charged for
the same and shall be responsible for payment thereof. Failure to
pay any balance due shall be subject to the entry of a municipal claim
for such payment and/or initiation of legal proceedings to collect
the same. The applicant and/or property owner shall be responsible
for all costs and legal fees incurred by the Borough in collecting
any sums due.
Upon the applicant's satisfactory compliance
with the conditions as set forth herein, the Borough, within five
business days, will issue a document of certification. The Borough
shall not issue a municipal lien letter and/or real estate tax payment
certification unless and until the provisions of this article have
been complied with.
A.
The Borough reserves the right to establish reasonable
rules and regulations for the operation and enforcement of this article
as it deems necessary, which may include but not be limited to the
following:
(1)
Establishing acceptable forms of security or guarantees.
(2)
Establishing the form of application, purchaser acknowledgments
and plumber certification.
(3)
Limiting the times of year in which a temporary document
of certification is available for reasons of weather.
(4)
Criteria for exemptions from this article.
B.
All rules and regulations issued pursuant to this
section shall be in writing and approved by the Borough by resolution.
The Council of the Borough of Ingram may modify
any fees set forth in this article from time to time by resolution
of the Council of the Borough.
Nothing in this article shall limit in any fashion
whatsoever the Borough's right to enforce its ordinances, regulations
and resolutions or the laws of the commonwealth. Nothing in this article
shall be deemed a defense to any citation issued by the Borough or
the commonwealth pursuant to any other law or ordinance.
Any person who shall fail, neglect or refuse
to comply with any terms or provisions of this article or of any regulation
or requirement pursuant thereto and authorized thereby shall, upon
conviction before any District Justice, be sentenced to pay a fine
of $600. Should the Borough seek to enforce this article by legal
action in the Court of Common Pleas because of the refusal or failure
of a property owner to correct and eliminate a discovered unlawful
or illegal sewer connection, the property owner shall be responsible
for all legal fees and court costs incurred by the Borough to enforce
this article.
[Amended 9-18-2002 by Ord. No. 4-2002]
A.
The Borough of Ingram, at its expense, may, at any
time, engage in a community-wide or area-specific dye or smoke testing
program to identify illegal connections or the existence of leaking,
deteriorating, or poorly constructed private sanitary sewer laterals
and/or sanitary sewer connections. The Borough is authorized to retain
the services of qualified contractors to perform dye/smoke testing.
Persons owning property, tenants and occupants thereof, are required
to grant access to the Borough and/or its dye/smoke testing contractors
to perform the dye/smoke testing.
B.
In the event that the Borough and/or
its contractor identifies any illegal connections or leaking, deteriorating
or poorly constructed private sanitary sewer laterals and/or sanitary
sewer connections, the Borough shall give written notice of the same
to the property owner and 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 one year of the
notice and order.
[Amended 5-8-2006 by Ord. No.
2-2006]
C.
It shall be unlawful for any person to refuse access
to property for purposes of dye or smoke testing. Any person refusing
access to his/her property or failing to take corrective actions as
may be necessary under this section shall, upon conviction, be subject
to a penalty of not more than $600 for each violation. Should the
Borough seek to enforce this section by legal action, because of the
refusal or failure of the property owner to permit access to the property
or to correct or eliminate any condition, the owner shall be responsible
for all legal fees and court costs incurred by the Borough to enforce
this section. In the event a person is notified of a violation of
this section, each day that the violation occurs or continues shall
constitute separate violation. In addition to and in lieu of the foregoing,
the Borough may seek equitable and legal relief to compel compliance
with this section.
