[Adopted 9-21-2016 by Ord. No. 1579[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. VII, Sanitary Sewer Certificate, adopted 11-15-2006 by Ord. No. 1512.
As used in this article, the following terms shall have the meanings indicated:
COMBINED SEWER SYSTEM
The collection system consisting of the pipes, laterals, manholes and appurtenances that is designed to carry both wastewater and stormwater, as indicated on the official Munhall Borough Sewer System Map.
DYE TEST
A test conducted on or about real property by the use of innocuous colored substances that will reveal the direction and flow of storm or surface water.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS
The discharge of basement seepage or groundwater via the connection of downspouts roof drainage or surface or areaway drainage into the sanitary sewer system.
MORTGAGE
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. The term "mortgage," as used in this article, shall not include the refinancing of a residential mortgage where the mortgagor utilizes the property as their primary residence.
MUNICIPAL AUTHORITY
The Munhall Sanitary Sewer Municipal Authority.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER
A written letter from the Borough concerning municipal and/or Authority liens and real property taxes.
PERSON
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.
SALE
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.
SANITARY SEWER CERTIFICATION
An official statement from the Authority 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.
SANITARY SEWER SYSTEM
The collection system consisting of the pipes, laterals, manholes and appurtenances that is designed to carry only wastewater, as indicated on the official Munhall Borough Sewer System Map.
TEMPORARY SANITARY SEWER CERTIFICATE
A temporary statement of certification from the Authority issued pursuant to the provisions of § 350-33 of this article.
After the effective date of this article, any person or persons selling or mortgaging any interest in real property situate within the Borough of Munhall, as those terms are defined herein, shall be required to provide to the purchaser and to the appropriate Borough/Authority officials designated hereafter a sanitary sewer certification, which certification shall be provided to the purchaser or designated Borough/Authority officials on the time or times designated in § 350-32 of this article.
Any person selling or mortgaging real property (hereafter "applicant") located within the Borough shall make application at least 21 days before the sale or mortgage on a form furnished by the Municipal Authority. The applicant shall then have a plumber who is registered and licensed by the Allegheny County Health Department either certify the property to be sold, transferred, assigned, mortgaged or refinanced is connected to an existing public combined sewer which is indicated on the official Munhall Borough Sewer System Map or, in the case of a property connected to the sanitary sewer system, perform a dye test. Such plumber shall complete the appropriate portions on 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 Municipal Authority Manager, or his/her designate, shall issue a sanitary sewer certification upon payment of a fee of $25. 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 are removed and certification of such removal by a registered licensed plumber is received.
A. 
Munhall Borough Council hereby delegates, subject to Borough Council approval, all power and authority under this article to the Munhall Sanitary Sewer Municipal Authority ("Authority"), including, but not limited to, power to administer a time of sale dye test program with applications to be submitted to the Authority. The Borough further delegates to the Authority, subject to Borough Council approval, the power to establish rules and regulations setting forth provisions that detail the process, procedures, and definitions of what is necessary to comply with the time of sale dye testing requirements, along with all enforcement powers possessed by the Borough. The Authority will provide notification to the Borough Code Officer as to whether the time of sale dye testing ordinance has been complied with for the purpose of the Code Officer releasing lien letters.
A. 
A temporary sanitary sewer certification may be issued at the Municipal Authority's sole discretion when either:
(1) 
The applicant proves that dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Municipal Authority with security in the amount of $200 to guarantee that the dye test will be performed. The applicant will have the dye test performed within 14 days of written notification from the Municipal Authority. In addition, the applicant shall provide a signed, written acknowledgement from the purchaser agreeing to correct, at the purchaser's sole expense, any violations that may be discovered as a result of subsequent dye tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, however, primary responsibility shall run with the land and no such agreement shall affect the Borough or the Municipal Authority enforcement powers or excuse the seller, mortgagor or purchaser from performance hereunder.
(2) 
Illegal storm or surface water connection or discharge.
(a) 
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 Municipal Authority Manager for a temporary sanitary sewer certificate which may only be issued when the applicant provides the Municipal Authority with all of the following:
[1] 
A bona fide, executed contract between the applicant and 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 Municipal Authority; and
[3] 
An agreement by 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 case of default of contractor.
B. 
The temporary sanitary sewer certification shall expire 30 days after its issuance, and at the expiration of the same the security thus posted shall be applied by the Municipal Authority 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.
A. 
A request for a municipal lien letter must be accompanied by a valid sanitary sewer certification and the following fees which shall be delivered at least seven days before such letter is to be provided:
(1) 
Municipal lien letter: $25.
B. 
The Borough shall from time to time have the authority to change the fees required for the issuance of such letters by resolution.
C. 
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 letters on two days' notice upon the payment of a priority service fee of $20, in addition to the fees set forth above.
A. 
The Municipal Authority Board may from time to time adopt reasonable rules and regulations for the operation and enforcement of this article as the same may become necessary, which shall include, but not be limited to:
(1) 
Establishing acceptable forms of security or guarantees;
(2) 
Establishing the form of (i) applications, (ii) purchaser acknowledgements, and (iii) plumber certifications; and
(3) 
Limiting the times of year in which a temporary sanitary sewer certificate is available for reasons of weather.
B. 
Such rules and regulations shall be adopted at a regular meeting of the Municipal Authority and shall be posted in the offices of the Municipal Authority, the Borough Zoning Officer and the Borough Business Manager.
Property which has been constructed in accordance with a valid building permit and has been inspected by the Borough Building Inspector and the Plumbing Division of the Allegheny County Health Department may be sold or conveyed without evidence of compliance as required by the ordinance; provided, however, if such property is sold after one year from the date of its original occupancy, compliance is mandatory. A sanitary sewer certificate granted under this ordinance shall be valid for a period of one year, and any sale taking place after said five-year period shall be subject to the provisions of this article and a new sanitary sewer certificate shall be required.
Nothing in this article 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 article 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.
A. 
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article, and, in particular, the provisions of §§ 350-31, 350-32, and 350-33 hereof, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction before any District Magistrate, be sentenced to pay a fine of $300 plus reasonable costs and attorney fees and in default of payment thereof to imprisonment for a term not to exceed 90 days. Each day the provisions of this article are not complied with shall constitute a new offense.
B. 
The Borough Council delegates to the Municipal Authority its police powers to enforce the provisions of this article.