[Adopted 1-13-1986 by Ord. No. 1-13-86B][1]
[1]
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 No. 11-25-80G, was repealed 1-13-1986 by Ord.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.
34.1.1.
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.
34.1.2.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER — A written
letter from the municipality concerning municipal liens and property
taxes.
34.1.3.
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.
34.1.4.
TEMPORARY DOCUMENT OF CERTIFICATION — A temporary statement
of certification from the Municipality issued pursuant to the terms
of Section 34.4 of this ordinance.
34.1.5.
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.
34.2.1.
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.
34.3.1.
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.
34.4.1.
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.
34.4.2.
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 Municipal Manager for a
temporary document of certification, which may only be issued when
the applicant provides the Municipality 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
Municipality listed therein as a third party beneficiary;
2.
Cash security in the amount of said contract is posted with the Municipality;
and
3.
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.
34.5.1.
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:[1]
|
Municipal Lien Letter
|
$10
| |
|
One Year Property Tax Verification Letter
|
$4
| |
|
Two Year Property Tax Verification Letter
|
$7
| |
|
Three Year Property Tax Verification Letter
|
$10
| |
|
Combined Municipal Lien and One Year Property Tax Verification
Letter
|
$14
| |
|
Combined Municipal Lien and Two Year Property Tax Verification
Letter
|
$17
| |
|
Combined Municipal Lien and Three Year Property Tax Verification
Letter
|
$20
|
[1]
Editor's Note: Fees indicated in the Code book were changed
by Resolution No. 11-26-86A.
34.5.2.
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.
34.7.1.
Council may change from time to time the fees set forth in this ordinance
by resolution of Council.
34.8.1.
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.
34.9.1.
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.
34.10.1.
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.
34.11.1.
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.
34.12.1.
The effective date of this ordinance shall be April 30, 1986.
