[Adopted 5-10-2006 by Ord. No. 873]
[Amended 12-13-2017 by Ord. No. 962; 3-11-2020 by Ord. No. 2-2020]
It shall be unlawful for any owner of real property in the Borough of Irwin on which a building is or should be connected to the Borough of Irwin sanitary sewer system to sell, convey, assign or transfer, or obtain or refinance a mortgage, home equity line of credit or other loan thereon, any real property, by deed, agreement of sale, article of agreement or otherwise, to any person not already an owner thereof, without first securing a certificate of compliance issued by the Borough of Irwin with respect to the real property being transferred, certifying compliance with all laws, ordinances, rules and regulations of the Borough of Irwin and the Commonwealth of Pennsylvania relative to the tapping into, discharging into or connection with the Borough of Irwin sanitary sewer system. The Borough shall determine compliance by physically inspecting said real property, including, without limitation, the televising of all sewer connections, lines, laterals, and other sanitary sewage facilities. A certificate of compliance shall not be required where the existing property owner is obtaining financing, whether a new or refinanced mortgage, home equity line of credit or other loan on the subject property, and a certificate of compliance was issued for the subject property within the previous 36 months.
An application for a certificate of compliance shall be made to the Borough of Irwin Secretary/Manager and/or the Borough's Code Enforcement Officer with a copy to the Borough Secretary/Manager or it or their designee on forms furnished by the Borough, and it shall be accompanied by a fee in such amount as is set by the Council for the Borough of Irwin from time to time by resolution. The fee will be for the application and initial inspection. Should any additional inspections be required, an additional fee shall also be required and shall also be set by the Irwin Borough Council by way of resolution.
Upon receipt of a properly completed application for certificate of compliance, the Code Enforcement Officer or his designee shall, within 10 calendar days, physically inspect the real property and determine its compliance with all laws, ordinances, rules and regulations applicable and, if determining compliance, shall issue a certificate of compliance within 48 hours.
If it is determined that the real property is not within compliance, the property owner shall receive an itemized list of each violation and an explanation detailing the required remedial action that must be taken to bring the property into compliance within 30 days of receipt of said list of violations. Upon notification by the real property owner that the remedial action has been completed, the inspector shall reinspect the property within three working days and, if the property is in compliance, a certificate of compliance shall be issued within 48 hours. If upon reinspection it is determined that the property is not in compliance, the foregoing procedures shall be followed until compliance is found and all required fees have been paid.
[Amended 7-14-2021 by Ord. No. 995]
Any person or persons aggrieved by a determination of noncompliance may, within 15 days of receipt of notice of the same, file a written appeal to the Borough of Irwin Council. The appeal shall be in writing and set forth in reasonable detail what exception is taken and the reasons for it and the proposed remedy. Upon receipt of an appeal and payment of the required filing fee, to be set by Council by way of resolution, Council shall schedule a hearing within 30 calendar days of receipt and shall conduct a public hearing in the manner prescribed by ordinances for hearings by said body.
[Amended 12-13-2017 by Ord. No. 962; 7-14-2021 by Ord. No. 995]
Any property owner/applicant shall pay an application fee and a fee of for the certification of compliance. These rates shall be changed from time to time by way of resolution. Any person violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs of prosecution and, in default of payment of such fine and costs, to undergo imprisonment for a period not to exceed 30 days. Each day that the violation continues shall be a sole and separate offense.