[Ord. 795, 8/21/1990, § 1]
A test conducted on real property by the use of colored innocuous
substances that will reveal the direction and flow of storm or surface
water.
The discharge of basement seepage or ground water or the
connection of downspouts, roof drainage, driveway drainage or surface
area way 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 of trust
or other security instrument.
A written letter from the Borough concerning municipal liens
and real property taxes.
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.
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 from 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 from the Borough issued
pursuant to the provisions of § 404 of this Part.
[Ord. 795, 8/21/1990, § 2]
After the effective date of this Part, any person or persons
selling or mortgaging any interest in real property situate within
the Borough of Bridgeville, as those items are defined herein, shall
be required to provide to the purchaser and to the appropriate Borough
officials designated hereafter a sanitary sewer certification, which
certification shall be provided to the purchaser or designated Borough
official on the time or times designated in § 403 of those
Part.
[Ord. 795, 8/21/1990, § 3; as amended by Ord. 830,
2/13/1995]
Any person selling or mortgaging real property (hereinafter
"applicant") located within the Borough shall make application on
a form furnished by the Borough at least 21 days before the date of
sale or mortgage. The applicant shall then have a plumber who is registered
and licensed by the Allegheny County Health Department perform a dye
test on the property to be sold, transferred, assigned, mortgaged
or refinanced. Such plumber shall complete the appropriate portions
or the form and certify that the property has been dye tested and
certify the results of such test. In the event that there are no illegal
storm or surface water connections or discharges, the Borough Secretary,
or his or her designee, shall issue a sanitary sewer certificate upon
payment of a fee to be established from time to time by resolution
of Borough Council. When an illegal storm or surface water connection
or discharge is discovered by means of the above mentioned dye testing,
no sanitary sewer certification will be issued until the illegal connections
or discharges are removed and certification of such removal by a registered
licensed plumber is received.
[Ord. 795, 8/21/1990, § 4; as amended by Ord. 830,
2/13/1995]
A temporary sanitary sewer certification may be issued at the
Borough's sole discretion when either:
A.
Applicant proves that dye testing cannot be performed because of
weather conditions. When such is the case, the applicant shall provide
the Borough with security in the amount as established from time to
time by resolution of Borough Council to guarantee that the dye test
will be performed. The applicant will cause to have performed the
dye test within 14 days of written notification from the Borough which
will be given at such time as weather conditions make the dye test
possible. In addition, the applicant shall provide a signed, written
acknowledgment from the purchaser agreeing to correct, at purchaser's
sole expense, any violations that may be discovered as a result of
such subsequent dye tests. Nothing in this subsection shall prohibit
any purchaser from requiring applicant to reimburse purchaser for
any costs incurred; provided, however, primary responsibility shall
run with the land and no such agreement shall affect the Borough's
enforcement powers or excuse the seller, mortgagor or purchaser from
performance hereunder; or,
B.
When an illegal storm or surface water connection or discharge 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, applicant may apply to the Borough
Secretary for a temporary sanitary sewer certificate which may only
be issued when the applicant provides the Borough with all of the
following:
(1)
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.
(2)
Cash security in the amount of said contract is posted with
the Borough.
(3)
An agreement by the purchaser to be responsible for all cost
overruns related to the remedial work together with a license to enter
upon the property to complete work in case of default of contractor.
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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 of funds remaining as security
shall be refunded to the applicant, but in the event that the security
posted is insufficient to complete the remedial work, the purchaser,
or in the case of a refinance, the property owner, shall be charged
for the same and shall be responsible for payment thereof.
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[Ord. 795, 8/21/1990, § 5; as amended by Ord. 830,
2/13/1995]
1.
A request for a municipal lien or tax certification letter must be
accompanied by a valid sanitary sewer certification and the following
fees which shall be established from time to time by resolution by
Borough Council which shall be delivered at least seven days before
such letters are to be provided.
2.
Where requested by a property owner or his agent and subject to time
availability, as determined solely by the Borough Secretary, the Borough
may issue municipal lien and tax verification letters on two days
notice upon the payment of a priority service fee as established from
time to time by resolution of Borough Council.
[Ord. 795, 8/21/1990, § 6]
The Borough Council may from time to time adopt reasonable rules
and regulations for the operation and enforcement of this Part as
the same may become necessary, which shall include, but not be limited
to:
A.
Establishing acceptable forms of security or guarantees.
C.
Limiting the times of year in which a temporary sanitary sewer certificate
is available for reasons of weather.
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Such rules and regulations shall be adopted at a regular meeting
of the Borough Council and shall be posted in the offices of the Zoning
Officer and the Borough Secretary.
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[Ord. 795, 8/21/1990, § 7]
Nothing in this Part shall limit in any manner whatsoever the
Borough's right to enforce its ordinances or the laws of the
Commonwealth of Pennsylvania. Nothing contained in this Part shall
be construed as or offered as a defense to any citation issued by
any municipal corporation or the Commonwealth of Pennsylvania pursuant
to any other law or ordinance.
[Ord. 795, 8/21/1990, § 8]
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this Part, and, in particular, the
provisions of §§ 402, 403, and 404, hereof, or of any
regulation or requirement pursuant hereto and authorized hereby shall,
upon conviction, be sentenced to a fine of not more than $1,000 plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days.
