Borough of Avalon, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-16-1999 by Ord. No. 1246]
As used in this article, the following terms shall have the meanings indicated:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any commonly accepted method of testing wherein dye and/or smoke and/or CCTV camera is introduced into the stormwater, surface or subsurface water collection system and downspouts of real estate property to determine if illegal stormwater or surface water is entering the sanitary sewer system.
B. 
Any commonly accepted method of testing wherein dye and/or smoke and/or CCTV camera is introduced into the internal sanitary lines or cleanout vents of the real estate property to determine if illegal sanitary waste is entering the stormwater sewer system.
DOCUMENT OF CERTIFICATION, EVIDENCE OF COMPLIANCE
An official statement from the Code Enforcement Officer of the Borough of Avalon stating that there are no illegal stormwater or surface water connections into the sanitary sewer system and there are no illegal sanitary connections to the stormwater sewer system on the specific property which is being sold.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ILLEGAL SANITARY SEWER CONNECTIONS
The connection of real estate property sanitary waste drains in to the stormwater sewer system.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
The connection of any basement seepage, surface water, subsurface drains, downspouts, roof drainage or surface areaway drainage into the sanitary sewer system.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER
A written letter from the proper official of the Borough of Avalon concerning municipal liens and property taxes.
PERSON
Any person, syndicate, associate, partnership, firm, corporation, institution, agency, authority or other entity recognized by law as the subject of rights and duties.
TEMPORARY DOCUMENT OF CERTIFICATION
A temporary statement of certification from the proper officer of the Borough of Avalon, issued pursuant to the terms of § 303-4 of this article.
After the effective date of this article, it shall be unlawful for any person to sell any real estate within the Borough of Avalon 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 proper officers of the Borough of Avalon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person selling real estate located within the Borough of Avalon (hereinafter "applicant") shall make application on a form furnished by the Borough of Avalon at least 14 days before the date of sale. The person selling real estate shall then have a certified plumber or approved testing agency perform a dye test and/or a smoke test and/or CCTV camera test on the property to be sold, said smoke test to involve the use of nontoxic, nonstaining smoke, which is forced through the real estate sewer system by the use of air blowers. The certified plumber or approved testing agency shall complete the appropriate portions on the form that the property has been dye tested and/or smoke tested and/or CCTV camera work performed, and certify the results of such test. In the event that there are no illegal sanitary, stormwater or surface water connections, the Code Enforcement Officer or his designate shall issue a document of certification upon the payment of a fee as set by resolution of the Borough Council. When an illegal sanitary, stormwater or surface water connection is discovered by the means of the above-mentioned testing, no document of certification will be issued until the illegal connections are removed, inspected and approved by the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A temporary document of certification may be issued at the Borough's sole discretion only under the following circumstances:
A. 
The Borough will make the appropriate test at such time as weather conditions make such testing possible. In addition, the applicant shall provide a signed written acknowledgement from the purchaser of the real estate, agreeing to correct, at the said purchaser's sole expense, any violations that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser for any costs incurred; provided, nevertheless, that primary liability shall run with the land and no such agreement shall affect the Borough's enforcement powers of excuse the current owner from performance.
B. 
Remedial activities for illegal sanitary, stormwater or surface water connection.
(1) 
When illegal sanitary, stormwater or surface water connections have been 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, the applicant may apply to the Code Enforcement Officer for a temporary document of certification which may only be issued when the applicant provides the Borough with all of the following:
(a) 
Cash security in amount of the contract for the completion of the necessary remedial work is posted with the Borough; and
(b) 
An agreement by the purchaser to be responsible for all cost overruns related to the remedial work, together with a license to the Borough to enter upon the property to complete such work in case of default by the contractor.
(2) 
The Code Enforcement Officer shall determine, by regulation, when such temporary document of certification shall expire, at which time the security shall be forfeited, and the Borough may use the security to have the necessary remedial work completed.
A. 
The Code Enforcement Officer is hereby authorized, empowered and directed to make reasonable rules and regulations for the operation and enforcement of this article as he deems necessary, which shall include, but not be limited to:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Establishing acceptable forms of security or guarantees;
(2) 
Establishing the forms of application, fees and purchaser acknowledgments;
(3) 
Limiting the times of year in which temporary documents of certification are available for reasons of weather;
(4) 
Such other rules and regulations as are necessary for the operation and enforcement of this article.
B. 
All rules and regulations issued pursuant to this section shall be in writing and be approved by the Council of Avalon Borough prior to such rules and regulations being effective.
Nothing in this article shall limit, in any fashion whatsoever, the Borough's right to enforce its ordinances or the laws of the Commonwealth of Pennsylvania. Nothing in this article shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any other law or ordinance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article, or of any regulation or requirement pursuant thereto and authorized thereby shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
[Adopted 4-18-2006 by Ord. No. 1305]
The following words, when used in this article, shall have the following meanings ascribed to them:
AGENCY RELATIONSHIP
A relationship whereby the broker or licensee in the employ of the broker act as fiduciaries for a consumer of real estate services by the express or implied authority of the consumer of real estate services.
ASSOCIATE BROKER
A broker employed by another broker.
BROKER
Any person who, for another, does at least one of the following:
A. 
Negotiates with or aids any person in locating or obtaining for purchase, lease, or acquisition an interest in any real estate;
B. 
Negotiates the listing, sale, purchase, exchange, lease, time share, or any other similarly designated interest in any real estate;
C. 
Manages any real estate;
D. 
Represents him or herself to be a real estate consultant, counselor, agent, or finder;
E. 
Undertakes to promote the sale, exchange, purchase, or rental of real estate; provided, however, that this provision shall not include any person whose main business is that of advertising, promotion, or public relations;
F. 
Attempts to perform any of the above-referenced acts.
BUYER AGENT
Any licensee who has entered into an agency relationship with a consumer/buyer of real estate.
CONSUMER
A person who is the recipient of any real estate services.
DESIGNATED AGENT
One or more licensees designated by the employing broker, with the consent of the principal, to act exclusively as an agent or as agents on behalf of the principal to the exclusion of all other licensees within the broker's employ.
DUAL AGENT
A licensee who acts as an agent for the buyer and seller, or lessee and landlord, in the same transaction.
EMPLOY, EMPLOYED, EMPLOYEE, EMPLOYMENT
The use of these words apply to the relationship of independent contractor, in addition to the traditional employment relationship.
LICENSEE
A person who holds a license.
LISTING BROKER
A broker engaged as a seller's agent, dual agent, or transaction licensee to market the property of a seller/landlord for sale or lease pursuant to a written agreement with the seller/landlord.
PERSON
Any individual, corporation, corporate fiduciary, partnership, association, or other entity, whether foreign or domestic.
PRINCIPAL
A consumer of real estate services who has entered into an agency relationship with a broker.
REAL ESTATE
Any interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, providing the land is situated within the Borough of Avalon.
REAL ESTATE SERVICE
An act or acts requiring a real estate license.
SALESPERSON
Any person employed by a licensed real estate broker to list for sale, sell, or offer for sale; to buy or offer to buy; or to negotiate the purchase or sale or exchange of real estate; or to negotiate a loan on real estate; or to lease or rent or offer to lease, rent or place for rent any real estate or collect or offer or attempt to collect rent for the use of real estate for or on behalf of such real estate broker.
SELLER AGENT
Any licensee who has entered into an agency relationship with a consumer/seller of real estate.
SUBAGENT
A broker, not in the employ of the listing broker, who is engaged to act for, or cooperate with, the listing broker in selling property as a agent of the seller. A subagent is deemed to have an agency relationship with the seller.
A. 
Any interest in real estate which endures for a period of time, the termination of which is not fixed or ascertained by a specific number of years, including, without limitation, an estate in fee simple, life estate, or perpetual leasehold; or
B. 
Any interest in real estate enduring for a fixed period of years but which, either by reason of the length of the term or the grant of a right to extend the term by renewal or otherwise, consists of a group of rights approximating those of an estate in fee simple, life estate, or perpetual leasehold, including, without limitation, a leasehold interest or possessory interest under a lease or occupancy agreement for a term of 30 years or more or a leasehold interest or possessory interest in real estate in which the lessee has equity.
TRANSACTION
The making, executing, delivering, accepting, or presenting for recording of a document relating to a real estate transfer.
TRANSACTION LICENSEE
A licensed broker or salesperson or closing agent who provides communication or document preparation services or performs acts described under the definition of "broker" or "salesperson" for which a license is required, without being an actual agent or advocate of either a buyer or seller of real estate.
Any associate broker, broker, buyer agent, designated agent, dual agent, licensee, listing broker, salesperson, seller agent, subagent, transaction licensee, and/or any other person, involved in the sale, transfer, and/or conveyance of any real estate, where that real estate is located within the boundaries of the Borough of Avalon, must notify the Borough Manager or a Secretary of the Borough that a sale, transfer, and/or conveyance of the real estate will occur within 48 business hours prior to the sale, transfer, and/or conveyance. This notification must be in writing, whether by regular mail, facsimile, and/or certified mail, and must be addressed to either the Borough Manager or a Borough Secretary. This written notice must be received by the Borough at least 48 business hours prior to the sale, transfer, and/or conveyance.
The requirements set forth in § 303-9, as detailed above, do not apply to the consumer, whether that consumer is a buyer or a seller of the real estate, unless that consumer, buyer, or seller is also the associate broker, broker, buyer agent, designated agent, dual agent, licensee, listing broker, salesperson, seller agent, subagent, transaction licensee, and/or any other person, involved in the sale, transfer, and/or conveyance of the real estate within the Borough's boundaries.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
Liability for violating this article will attach severally to each associate broker, broker, buyer agent, designated agent, dual agent, licensee, listing broker, salesperson, seller agent, subagent, transaction licensee, and/or any other person involved in the sale, transfer, and/or conveyance of the real estate within the Borough's boundaries.