[Adopted 12-30-2003 by Ord. No. 1284]
From and after the effective date of this article, no person,
firm, corporation, property owner, lessee, occupier, developer or
contractor shall connect, or cause or permit to be connected to the
sanitary sewers of the Borough of Avalon any rain leader, downspout,
gutter, parking lot drain, driveway drain, interior or exterior sump,
french drain, swimming pool drain, spring or other source or device
capable of carrying surface water, rain, stormwater or groundwater
into the sanitary sewers of the Borough.
A.
From and after the effective date of this article, no person, firm,
corporation, real property owner, lessee, occupier, developer or contractor
shall cause or permit discharge of surface water, rain, stormwater
or groundwater into the sanitary sewers of the Borough.
B.
Affirmative duty. From and after the effective date of this article,
it shall be the affirmative duty of every real property owner to repair
and maintain in water-tight condition all sanitary sewer laterals
from private structures located upon the owner's real property to
the public sanitary sewer located in the Borough's right-of-way.
A.
The proper officers, employees and agents of the Borough, as appointed
or hired by Council from time to time, are hereby authorized and directed
to conduct periodic smoke and/or dye tests and such other appropriate
inspections, at public cost, of all existing structures located in
Avalon Borough and all structures located in adjacent municipalities
with whom the Borough has a reciprocal inspection agreement and whose
sewer drains are known or reasonably suspected to be connected to
Avalon's sanitary sewers. Upon prior written notice to the owner and
occupant, such appropriate other inspections may include an inspection
and dye testing of plumbing fixtures and traps inside any structure
located in the Borough.
B.
Purpose of inspections. The purpose of the inspections shall be to
determine if the structure is in compliance with this article and
all regulations promulgated hereunder, and all other ordinances, laws
and regulations pertaining to sewer system and structures.
C.
Written notice of inspection required. The Borough, or its agents,
shall give at least seven days' written notice of the inspection program
and of the approximate date that the inspection shall be conducted.
D.
Hours of inspection. All inspections shall be performed between the
hours of 8:00 a.m., local time, and 5:00 p.m., local time, unless
the owner or occupant of the structure requests another time for the
convenience of the owner or occupant and the Borough.
Every owner, lessee or occupier of land within Avalon shall
submit to smoke and/or dye testing under this article.
A.
Discovery of illegal stormwater or surface water connections. When
illegal stormwater or surface water connections or conditions have
been discovered, all necessary remedial work to correct such illegal
connections shall be completed by the owner, lessee or occupier of
the premises, weather permitting, within 180 days of the date the
party receives notification of the illegal connection or condition.
Notice shall be by regular mail, postage prepaid, addressed to the
party at the property or at such other address for the party maintained
in the Borough records. Notice shall be deemed to have been received
seven days after mailing, unless returned by the post office.
B.
Delay because of weather conditions. When weather conditions shall
not reasonably permit either the start or the completion of the remediation
within 180 days of notice of the violation, the Borough may extend
the time for start or completion of the work for a period not to exceed
180 days, provided that the owner, lessee or occupier of the premises
submits to the Borough:
(1)
A
written contract to complete the work from a licensed master plumber;
and
(2)
A
cashier's or certified check payable to the Borough in a sum equal
to 110% of the cost of the work called for in the contract, to be
held by the Borough as security for prompt and complete remediation
once the weather permits; and
(3)
A
written license, on a form prepared by the Borough, permitting the
Borough or its authorized agents and employees to enter upon the premises
to complete the work if the owner, lessee or occupier fails to do
so after reasonable notice.
C.
Severe economic hardship. In the event that the necessary remedial
work would create a severe economic hardship for the owner, lessee,
or occupier of the premises, application may be made to the Borough
for an extension of up to an additional six months to complete said
remedial work. A severe economic hardship shall occur when any person
responsible for compliance with this article as to the particular
premises has a level of income considered to be low-moderate under
federal guidelines.
D.
Completion of remedial work by the Borough. In the event that the
owner, lessee or occupier of the premises neglects, refuses or is
unable to effect the necessary remedial work within the time permitted,
including any extension, the Borough may undertake to have the remedial
work completed at the expense of the owner, lessee or occupier of
the premises, and to require the necessary arrangements for the payment
of the cost of such work by the owner, lessee or occupier of the premises
upon an installment basis mutually satisfactory to the Borough and
the owner, lessee or occupier of the premises. Under such circumstances,
the Borough shall file a lien against such property pursuant to the
Pennsylvania Municipal Claims Act, which liens shall remain in effect
until payment in full.
A.
Acceptable remediation.
(1)
Acceptable
remediation of an illegal connection to the Borough's sanitary sewer
system under this article shall mean that the illegal connection is
to be disconnected from the sanitary sewer system of the Borough,
removed and access to the sewer at that location capped or sealed;
and such source shall be discharged properly:
(a)
To the storm sewer of the Borough, if, in the opinion of the Borough
Engineer, such connection is reasonably feasible; or
(b)
To the curb drain in the public streets of the Borough, if, in the
opinion of the Borough Engineer, such connection is feasible;
(c)
To a surface outlet wholly upon the subject property; or
(2)
Such
remediation shall be constructed in accordance with specifications
prepared by the Borough Engineer.
B.
Written plan required.
(1)
Prior
to beginning remediation of an illegal connection, the owner, lessee
or occupant shall prepare and file with the Borough a written plan
documenting to the satisfaction of the Borough the proposed remediation,
including:
(2)
The
plan shall be subject to review and approval by the Borough prior
to the commencement of any remedial work. Upon plan approval, the
Borough shall certify its approval upon the plans. A copy of the approved
plans shall be kept on file with the Borough. Upon rejection of the
plan, the Borough shall return the plan to the applicant and shall
state the reason(s) for the rejection.
C.
Site inspection required. Prior to covering any work to remediate
an illegal connection under this article, the owner, lessee or occupant
shall submit the site to inspection by the Borough. The Borough shall
have the right to reject any work which does not conform to an approved
plan, the Borough's specifications or this article. Rejected work
shall be promptly removed by the owner, lessee or occupant and promptly
replaced by conforming work.
D.
Certain discharges of water prohibited. In no event shall any owner,
lessee, occupier, developer or contractor either directly or indirectly
permit water to be discharged upon or across any public or private
sidewalk or discharged onto any adjacent property causing a safety
hazard or public nuisance. Should the owner, lessee, occupier, developer
or contractor fail to maintain the discharged water in a safe and
attractive manner, following due notice from the Borough to correct
the problem within the specified time frame, the owner, lessee, occupier,
developer or contractor shall be subject to all applicable fines and
shall be responsible for any costs incurred by the Borough and/or
the affected adjacent property owners to remediate the problem.
E.
Certification of compliance. Upon completion of smoke or dye testing,
and remediation of any illegal connections in accordance with an approval
plan filed with the Borough, the Borough shall issue a certificate
of compliance as to that property.
A presale inspection of real estate for illegal sewer connections shall be performed by the Borough. The inspection of real estate for illegal sewer connections may be conducted by an inspection service appointed by the Borough. Said inspections may include a smoke or dye test. Any remediation of an illegal connection shall be completed in the manner set forth herein, including a filed plan, inspection by the Borough and issuance of a final compliance certificate. The owner of real estate subject to a presale inspection shall pay for the cost of the inspection. The issuance of a presale certificate by the Borough shall be a condition precedent to the issuance of a lien or tax certificate by the Borough, and the Borough is hereby prohibited from issuing a municipal no-lien letter unless the presale inspection is conducted. The Borough may fix the fee for the cost of the presale certificate by resolution of Council. A certificate issued under § 321-15E of this article, or a presale certificate issued under this section, shall be valid in lieu of a presale inspection for a period of one year after issuance.
The Borough shall promulgate such reasonable rules and regulations,
as approved by the Borough Council, for the operation and enforcement
of this article, which shall include but not be limited to establishing
the form of:
Any person, firm or corporation who shall fail, neglect or refuse
to comply with, or who shall otherwise violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not to exceed $600
Every calendar day after the owner, lessee or occupier of premises
has received written notice of the violation shall constitute a separate
violation of this article.
