[Ord. 872, 8/20/1997, § 4]
It is unlawful for any person to sell or transfer real property
within the Borough on which a building or improvement exists without
first delivering to the purchaser or transferee certificate of compliance
or temporary certificate of compliance issued by the Borough.
[Ord. 872, 8/20/1997, § 4; as amended by Ord. 964,
11/15/2006, § 1; and by Ord. 976, 1/16/2008]
1.
Any person (hereinafter, "applicant") selling or transferring real property within the Borough shall make application for a certificate of compliance on a form furnished by the Borough at least 21 days before the date of sale or transfer. The applicant shall then have a registered plumber perform a dye test on the real property to be sold or transferred with the plumber delivering a certification of dye testing to the Borough. The applicant shall notify the Borough of the location of the property at least 10 days prior to the performance of the dye testing at which point the Borough shall notify the applicant if the Borough Public Works Department must be present for testing under § 18-402, Subsection 2. The Borough will thereupon issue certificate of compliance to the seller or transferrer of the real estate upon the seller paying a fee in an amount as established from time to time by resolution of Borough Council. The Borough shall complete the appropriate portions of the form confirming that the property has been dye tested.
[Amended by Ord. No. 1096, 11/17/2021]
2.
Should dye testing be proposed on property located on a street designated
as an "avenue" by the Borough, or at any other property where deemed
necessary by the Borough Manager, the Borough Public Works Department
must be present when dye testing is performed by the registered plumber
hired by the applicant.
[Amended by Ord. No. 1096, 11/17/2021]
3.
If the dye test reveals the existence of an illegal storm or surface
water connection, no certificate of compliance will be issued until
the illegal connections are removed and the storm or surface water
is discharged in compliance with controlling ordinances of Forest
Hills Borough and certification of such is received, reviewed and
approved by the Borough Ordinance Compliance Officer.
4.
A certificate of compliance issued under this Part shall be valid
for a period of one year from the date of issuance.
5.
In the event the property has been dye tested and a certificate of
compliance has been issued in the preceding 12 months, the ordinance
compliance officer, upon receipt of an application for that property,
shall inspect the property, and if that inspection does not disclose
any objective evidence of improper stormwater drainage, the ordinance
compliance officer may waive the dye test and issue a certificate
of compliance upon seller or transferor paying a fee to the Borough
in an amount as established, from time to time, by resolution of Borough
Council.
[Ord. 872, 8/20/1997, § 4]
1.
When an illegal storm or surface water connection is discovered and
the necessary remedial activities to correct such condition would
require a length of time such as to create a practical hardship for
the applicant, the applicant may apply to the Ordinance Compliance
Officer for temporary certificate of compliance which may only be
issued when the applicant provides the Borough with all of the following:
A.
Written documentation of practical hardship;
B.
Cash security in the amount of $1,000; and
C.
An agreement by the purchaser/transferee to be responsible for all
cost overruns related to the remedial work together with a written
license to the Borough to enter upon the property to complete the
work in case of default by the applicant.
2.
The Ordinance Compliance Officer shall determine in good faith based
upon all the circumstances when such temporary certificate of compliance
shall expire. The applicant and the purchaser shall be advised of
the expiration date. Upon expiration of the Temporary certificate
of compliance, without all work having been completed, the security
shall be forfeited to the Borough and the Borough may use the security
to have the necessary remedial work completed. If the remedial work
is completed prior to the expiration date, the Borough shall return
the security to the applicant or to his/her designee.
[Ord. 872, 8/20/1997, § 4; as amended by Ord. 976,
1/16/2008]
1.
Request for a Borough lien letter or property tax certification letter
must be accompanied by a valid certificate of compliance issued by
the Borough and the lien letter fee, all of which shall be delivered
to the Borough at least 7 business days prior to the day said letter
is to be provided.
2.
When requested by a property owner or his/her agent, and subject
to time availability as determined solely by the Borough, made in
good faith based upon all the circumstances, The Borough may issue
an expedited Borough lien letter on two business days' notice upon
the payment of an expedition fee in an amount as established from
time to time by resolution of Borough Council in addition to the fee
for the lien letter.
[Ord. 872, 8/20/1997, § 4]
The fees set forth in this Part may be changed from time to
time by resolution of the Borough.
[Ord. 872, 8/20/1997, § 4]
Nothing in this Part shall limit in any fashion whatsoever the
Borough's right to enforce its ordinances or the laws of the Commonwealth.
Nothing in this Part shall be a defense to any citation issued by
any municipal corporation or the Commonwealth pursuant to any law
or ordinance.
[Ord. 872, 8/20/1997, § 4; as amended by Ord. 976,
1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
