[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)]
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.
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.
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)]
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)]
The connection of any basement seepage, surface water, subsurface
drains, downspouts, roof drainage or surface areaway drainage into
the sanitary sewer system.
A written letter from the proper official of the Borough
of Avalon concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
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.Â
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.Â
Remedial activities for illegal sanitary, stormwater or surface water
connection.
(1)Â
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)Â
Cash security in amount of the contract for the completion of the
necessary remedial work is posted with the Borough; and
(b)Â
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)Â
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.Â
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)Â
Establishing acceptable forms of security or guarantees;
(2)Â
Establishing the forms of application, fees and purchaser acknowledgments;
(3)Â
Limiting the times of year in which temporary documents of certification
are available for reasons of weather;
(4)Â
Such other rules and regulations as are necessary for the operation
and enforcement of this article.
B.Â
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:
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.
A broker employed by another broker.
Any person who, for another, does at least one of the following:
Negotiates with or aids any person in locating or obtaining
for purchase, lease, or acquisition an interest in any real estate;
Negotiates the listing, sale, purchase, exchange, lease, time
share, or any other similarly designated interest in any real estate;
Manages any real estate;
Represents him or herself to be a real estate consultant, counselor,
agent, or finder;
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;
Attempts to perform any of the above-referenced acts.
Any licensee who has entered into an agency relationship
with a consumer/buyer of real estate.
A person who is the recipient of any real estate services.
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.
A licensee who acts as an agent for the buyer and seller,
or lessee and landlord, in the same transaction.
The use of these words apply to the relationship of independent
contractor, in addition to the traditional employment relationship.
A person who holds a license.
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.
Any individual, corporation, corporate fiduciary, partnership,
association, or other entity, whether foreign or domestic.
A consumer of real estate services who has entered into an
agency relationship with a broker.
Any interest or estate in land, whether corporeal, incorporeal,
freehold or nonfreehold, providing the land is situated within the
Borough of Avalon.
An act or acts requiring a real estate license.
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.
Any licensee who has entered into an agency relationship
with a consumer/seller of real estate.
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.
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
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.
The making, executing, delivering, accepting, or presenting
for recording of a document relating to a real estate transfer.
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.
