[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.