[Ord. 653, 12/28/1994, § 1; as amended by Ord.
741, 12/30/2002, § 1]
Terms used in this Part shall have the meanings set forth as
follows:
The Borough of Jefferson Hills, Allegheny County, Pennsylvania.
A written letter from the Borough concerning municipal liens
or municipal property taxes.
Those persons who may, on motion of Borough Council, be designated
to enforce the terms and conditions of this Part and who shall have
the authority to bring legal proceedings for the violation of this
Part.
Any commonly accepted plumbing test wherein dye is introduced
into the storm or surface water collection system of real property
to determine if storm or surface water is entering the sanitary sewer
system.
An official statement from the Borough stating that it has
on file a written statement from a licensed plumber that there are
no illegal storm or surface water connections into the Borough sanitary
sewer system which would violate Borough or County ordinances, State
statutes or Borough, County or State plumbing regulations.
The discharge of basement seepage or ground water or the
connection of downspouts, roof drainage or surface or areaway drainage
into the Borough sanitary sewer system.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement from the Borough issued pursuant to the terms of § 18-504 of this Part.
[Ord. 653, 12/28/1994, § 2]
1.
After the effective date of this Part, it shall be unlawful for any
person to sell real property within the Borough on which a building
or improvement exists without first delivering to the purchaser evidence
of compliance or temporary evidence of compliance from the Borough.
2.
After the effective date of this Part, it shall be unlawful for any
purchaser of real property within the Borough on which a building
or improvement exists to occupy the building or improvement without
having evidence of compliance or temporary evidence of compliance.
[Ord. 653, 12/28/1994, § 3; as amended by Ord.
685, 5/11/1998]
Any person (hereinafter, "applicant") selling real property
within the Borough shall make application for evidence of compliance
on a form furnished by the Borough at least 14 days before the date
of sale. The applicant shall then have a plumber who is registered
and licensed by the Allegheny County Health Department perform a dye
test on the real property to be sold. The plumber shall complete the
appropriate portions of the form confirming that the property has
been dye tested and certifying the results of such test. In the event
that there are no illegal storm or surface water connections, the
compliance officer, or his designate, shall issue evidence of compliance
upon payment of a fee in an amount as established from time to time
by resolution of Council. If the dye test reveals the existence of
an illegal storm or surface water connection, no evidence of compliance
will be issued until the illegal connections are removed and certification
of such removal by a registered licensed plumber is received.
[Ord. 653, 12/28/1994, § 4; as amended by Ord.
685, 5/11/1998]
Temporary evidence of compliance may be issued at the Borough's
sole discretion when, either:
1.
The applicant proves that dye testing cannot be performed because
of weather conditions. In this case, the applicant shall provide the
Borough with security in an 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 the dye test to be performed
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 the Borough with a signed,
written acknowledgement from the purchaser agreeing to correct, at
the purchaser's sole expense, any violations 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, that primary liability
for correction of any illegal connection shall run with the land and
no agreement between the applicant and the purchaser shall affect
the Borough's enforcement powers or excuse the current owner
from performance.
2.
When an illegal storm or surface water connection is discovered and
the necessary remedial activities to correct such connection would
require a length of time such as to create a practical hardship for
the applicant, applicant may apply to the compliance officer for temporary
evidence of compliance which may only be issued when the applicant
provides the Borough with all of the following:
A.
A bona fide executed contract between the applicant and a registered
plumber legally requiring the plumber to complete the necessary remedial
work and granting the Borough the legal power to enforce the contract.
B.
Cash security in the amount of said contract is posted with the Borough.
C.
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 the work in case of default by the contractor.
The compliance officer shall determine when such temporary evidence
of compliance shall expire, and the applicant and the purchaser shall
be advised of the expiration date. Upon expiration of the temporary
evidence of compliance, without all work having been completed, the
security shall be forfeited and the Borough may use the security to
have the necessary remedial work completed.
[Ord. 653, 12/28/1994, § 5; as amended by Ord.
685, 5/11/1998; and by Ord. 744, 6/9/2003, § 10]
A request for a Borough lien letter must be accompanied by a
valid evidence of compliance certificate and a lien letter fee in
an amount as established from time to time by resolution of Borough
Council, all of which shall be delivered to the Borough at least seven
days prior to the day said letters are to be provided.
[Ord. 653, 12/28/1994, § 6]
1.
The Borough shall promulgate such reasonable rules and regulations
as approved by Borough Council for the operation and enforcement of
this Part which shall include, but not be limited to:
2.
Rules and regulations issued pursuant to this section shall be in
writing and distributed as necessary to insure compliance with this
Part.
[Ord. 653, 12/28/1994, § 7; as amended by Ord.
744, 6/9/2003, § 11]
The fees set forth in this Part may be changed from time to
time by resolution of Borough Council.
[Ord. 653, 12/28/1994, § 8]
Nothing in this Part shall limit in any fashion whatsoever the
Borough's right to enforce its ordinances or the laws of the
Commonwealth. Nothing in this Part shall be a defense to any citation
issued by any municipal corporation or the Commonwealth pursuant to
any law or ordinance.
[Ord. 653, 12/28/1994, § 9; as amended by Ord.
685, 5/11/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation violating any provision of this
Part or of any regulation or requirement pursuant thereto and authorized
thereby shall, upon conviction thereof, be sentenced to pay 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; provided
that each day's violation shall constitute a separate offense
and notice to the offender shall not be necessary in order to constitute
an offense. In the event that such claims for fines and penalties
exceed the monetary jurisdiction of a Magisterial District Judge as
set forth in the Pennsylvania Judicial Code (relating to jurisdiction
and venue), exclusive of interest, costs or other fees, the Borough
may bring such action in the Court of Common Pleas or may, pursuant
to the Pennsylvania Judicial Code, waive that portion of fines or
penalties that exceeds the monetary jurisdictional limits so as to
bring the matter within the monetary jurisdiction of the Magisterial
District Judge.
