[Adopted 1-13-1986 by Ord. No. 1-13-86B]
Editor's Note: Former Article I, adopted 11-25-1980 by Ord. No. 11-25-80G, was repealed 1-13-1986 by Ord. No. 1-13-86B.
PERSON — Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority, partnership or other entity recognized by law as the subject of rights and duties.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER — A written letter from the municipality concerning municipal liens and property taxes.
DOCUMENT OF CERTIFICATION — An official statement from the Municipality stating that there are no illegal storm or surface water connections into the sanitary sewer connections on the property to be sold which violate Section 9 and 10 of Ordinance No. 11-13-56E.
TEMPORARY DOCUMENT OF CERTIFICATION — A temporary statement of certification from the Municipality issued pursuant to the terms of Section 34.4 of this ordinance.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS — The discharge of basement seepage or ground water or the connection of downspouts, roof drainage or surface or areaway drainage into the sanitary sewer system.
After the effective date of this ordinance, it shall be unlawful for any person to sell property within the Municipality on which a building or improvement exists without first delivering to the purchaser a document of certification or a temporary document of certification from the Municipality.
Any person selling property located within the Municipality (hereinafter "applicant") shall make application on a form furnished by the Municipality at least 21 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 property to be sold. 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, the Municipal Manager or his designate shall issue a document of certification upon payment of a fee of $25. When an illegal storm or surface water connection is discovered by means of the above mentioned dye testing, no document of certification will be issued until the illegal connections are removed and certification of such removal by a registered licensed plumber is received.
Applicant proves that dye testing cannot be performed because of weather conditions. When such is the case, the applicant shall provide the Municipality with security in the amount of $200 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 Municipality, which will be given at such time as weather conditions make the day 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 subsequent dye tests. Nothing in this subsection shall prohibit any purchaser from requiring applicant to reimburse purchase for any costs incurred provided, however, primary liability shall run with the land and no such agreement shall affect the Municipality's enforcement powers or excuse the current owner from performance.
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 Municipal Manager for a temporary document of certification, which may only be issued when the applicant provides the Municipality with all of the following:
A bona fide, executed contract between the applicant and registered licensed plumber to complete the necessary remedial work with the Municipality listed therein as a third party beneficiary;
Cash security in the amount of said contract is posted with the Municipality; and
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 as above. The Municipal Manager shall determine by regulation when such temporary document of certification shall expire. At which time the security shall be forfeited and the Municipality may use the security to have the necessary remedial work completed.
A request for a municipal lien or tax certification letter must be accompanied by a valid document of certification and the following fees which shall be delivered at least seven days before such letters are to be provided:
Editor's Note: Fees indicated in the Code book were changed by Resolution No. 11-26-86A.
Where requested by a property owner of his agent and subject to time availability as determined solely by the Municipal Manager, the Municipality may issue a municipal lien and tax certification letter on two days' notice upon the payment of an expedition fee of $10 in addition to the fees set forth above.
The Municipal Manager is hereby empowered to make reasonable rules and regulations for the operation and enforcement of this ordinance as he deems necessary which shall include but not be limited to:
All rules and regulations issued pursuant to this section shall be in writing.
Council may change from time to time the fees set forth in this ordinance by resolution of Council.
Nothing in this ordinance shall limit in any fashion whatsoever the Municipality's right to enforce its ordinances (by way of example and not limitation Ordinance 11-13-56E) or the laws of the commonwealth. Nothing in this ordinance shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any other law or ordinance.
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this ordinance or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction before any District Justice, be sentenced to pay a fine of $300 and in default of payment thereof to imprisonment for a term not to exceed 90 days.
The provisions of this ordinance are severable; and if any section, sentence, clause or phrase shall be held to be illegal, invalid or unconstitutional, the remaining portions of this ordinance shall not be affected or impaired thereby.
Except as set forth in Section 34.8 hereof, any ordinance or part of an ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed to the extent of said conflict. Ordinance 11-25-80G is expressly repealed hereby.