When used herein, the following words shall have the following meanings:
- BOROUGH CLAIM/LIEN/TAX VERIFICATION LETTER
- A written letter from the Borough of Rosslyn Farms regarding any liens, claims, and/or taxes due the Borough from said person.
- DYE TEST
- Any commonly accepted plumbing test whereby dye is introduced into the storm or surface water collections system of real property to determine if such storm or surface water is entering the sanitary sewer system.
- EVIDENCE OF COMPLIANCE
- An official written letter or statement from the Borough confirming that it has on file a written report or statement from a licensed plumber certifying there are no illegal storm or surface water connections into the sanitary sewer system, which would violate the Borough or county ordinances, the state statutes, or Borough, county or state plumbing regulations.
- ILLEGAL STORM OR SURFACE WATER
- The inflow, infiltration, and/or discharge of stormwater, surface water, basement seepage, downspouts, roof drainage, area way drainage, or non-sanitary sewer discharge into the Borough's sanitary sewer system.
- Includes without limitation any person, partnership, association, authority, syndicate, firm, corporation, or other entity having ownership rights for or in any real property.
From and after the effective date of this article, it shall be unlawful for any person to sell or convey real property located within the Borough on which a building or improvement exists without first obtaining and delivering to the purchaser an evidence of compliance or temporary evidence of compliance from the Borough as required under this article.
Any person selling or conveying real property located within the Borough shall apply for evidence of compliance on a Borough-approved form at least 14 days prior to the date of closing and pay such fee as the Borough may establish from time to time by resolution. Such person, hereinafter termed the "applicant," shall thereupon have a dye test performed on the real property to be sold or conveyed by a plumber registered and licensed by the Allegheny County Health Department. Upon completion of the dye test, the plumber so hired by the applicant shall then complete the appropriate section of the Borough form confirming that the property has been dye tested and certifying the results of such test. In the event the said plumber certifies that there are no illegal storm or surface water connections on the property to be sold or conveyed, the Borough Secretary or his designated representative shall issue the evidence of compliance. If the dye test reveals the evidence of an illegal storm or surface water connection, the Borough Secretary shall not issue the evidence of compliance until the illegal connection has been removed and certification of the correction of the illegal connection has been certified by a plumber who is registered and licensed by the Allegheny County Health Department.
Temporary evidence of compliance may be issued at the Borough Secretary's sole discretion subject to and limited by the following conditions:
The applicant establishes to the satisfaction of the Borough Secretary that weather conditions prevent the dye testing from being performed. In such case the applicant shall provide the Borough Secretary with security in the amount of $250 or as hereafter amended by resolution of Council to guarantee the performance of the dye test. Upon written notice thereafter from the Borough Secretary to the applicant, the applicant will cause the dye test to be performed within 14 days of notification from the Borough. In addition, the applicant shall provide the Borough with a signed, written and notarized acknowledgement from the purchaser of the property agreeing to correct, at the purchaser's sole expense, any and all violations discovered as a result of the said dye test. However, nothing in this article shall preclude the purchaser from requiring the applicant to reimburse the purchaser for any remedial costs incurred provided that no agreement between purchaser and seller shall in any way affect the Borough's right to enforce the remedial costs on the purchaser as said remedial costs shall remain an obligation and/or debt running with the land and lienable as such.
In the event an illegal storm or surface water connection is discovered, and the necessary remedial correction of the condition would require such a length of time to perform that it would create a hardship on the applicant to perform the same prior to the date of closing, the applicant may apply to the Borough Secretary for temporary evidence of compliance provided there is strict compliance with the following conditions:
The Borough Secretary or designee is provided with a bona fide executed contract between the applicant and a plumber registered and licensed by the Allegheny County Department of Health requiring the plumber to complete the necessary remedial work;
Cash security in the amount of 110% of the contract price is deposited with the Borough and held in a non-interest-bearing account;
A written acknowledged and notarized agreement under which the purchaser agrees to be responsible for all cost overruns related to the remedial work together with a grant of a license to the Borough to enter upon the property to complete the work at the expense and cost of the purchaser should the contractor default in the agreement. The Borough Secretary or designee may establish a reasonable period of time for the said corrective work to be completed, taking into consideration the extent of the work required, and the conditions then existing. The said Borough Secretary or designee shall thereupon advise the applicant and the purchaser of the date of expiration of the temporary evidence of compliance. Upon expiration of the temporary evidence of compliance, without all remedial working having been completed, the cash security deposited with the Borough shall be forfeited and the Borough may use such security to have the required remedial work completed. Any cost over runs exceeding the cash security posted shall remain the sole and exclusive liability of the purchaser and a lien against the real estate.
A request for a Borough lien letter or tax certification letter must be accompanied by a valid evidence of compliance certificate and/or a valid temporary evidence of compliance certificate no less than five business days prior to the date the letters are requested. The Borough may establish the fees for such letters by resolution.
The Borough may, by resolution, adopt the following in order to accomplish the purposes of this article:
Establish the application form, purchaser acknowledgment form, plumber's certificate form, and form of the evidence of compliance certificate and temporary evidence of compliance.
Establish the acceptable forms of security in lieu of cash, which shall be limited to certified checks, or treasurer's checks.
Any person violating any provision of this article shall, upon conviction thereof, be subject to a penalty up to the maximum amount provided by law. The continuation of a violation shall, for each day after notice, constitute a separate offense subject to the penalties as provided.