[Adopted 10-13-2015 by Ord. No. 1299]
A.
After the effective date of this article, it shall be unlawful for
any person to sell or purchase real estate or transfer real estate
to another for minor consideration which requires a change in names
on the deed within the Township of O'Hara on which a building or improvement
exists, without first obtaining a document of certification or temporary
document of certification from the proper officers of the Township
of O'Hara. A deed change is deemed not to have occurred for:
B.
It is also intended that the obligation to repair any defects or
violations run with the land and this obligation binds the purchaser
and their respective heirs and assigns.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper officer of the Township
of O'Hara stating that there is no known illegal stormwater or surface
water connections into nor any major defects to the sanitary sewer
drainage system on the specific property which is being sold or transferred.
This certification is valid for one year from date of the test.
Unique or unfortunate circumstances or condition resulting
from unfavorable outcomes not created by owner or purchaser.
The discharge of stormwater, roof, sump, rain, groundwater
or surface water or the connection of downspouts, roof drainage, surface
areaway drainage, or foundation or basement drainage, or any other
drainage source into the sanitary sewer system.
A written letter from the proper official of the Township
of O'Hara concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority, trust, or other entity recognized
by law as the subject of rights and duties.
As used in this article, sale or transfer of real estate
shall be understood to exclude:
The sewer line/lateral from the structure to the connection,
including the wye at the public sewer line, as well as all necessary
fresh air vents, cleanouts and traps.
A temporary statement of certification from the proper officer of the Township of O'Hara, issued pursuant to the terms of § 358-43 of this article.
A.
Any person selling or transferring real estate located within the
Township of O'Hara (hereinafter "applicant") shall make application
on a form furnished by the Township of O'Hara and make payment of
the fee established pursuant to Council's resolution at least 30 days
before 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 of the sewer drainage system on the property to
be sold or transferred. Access to a continuous running water source
is required at the test site for the inspection process. The plumber
shall notify the Township at least five working days before the test
is made so that the Township may witness the test. The Township shall
have the right to approve the test as performed and/or to require
that additional tests be made. At this time the Township shall perform
a televised internal inspection or use other methods to inspect the
existing sewer drainage system. The Township shall also have the right
to rely on the results of any internal televising of the main sewer
line completed by the Township or its contractor. The Township may
also utilize other methods of testing to detect the flow of water
in the sewer drainage system. The plumber shall complete the appropriate
portions on the form and certify that the property has been tested,
and certify the results of such test. In the event that there are
no illegal stormwater or surface water connections or malfunctions
and the existing drainage system is sound the Township of O'Hara Manager
or their designee shall issue a document of certification. When an
illegal stormwater or surface water connection or malfunctioning drainage
system is discovered or a deficiency is noted in the sewer drainage
system by the means of the above-mentioned testing, the document of
certification will not be issued until the illegal connections/malfunctioning
drainage system is removed or repaired, and/or the entire sewer line
is replaced from the structure to the connection at the public sewer
line including the wye if required.
B.
All repairs/replacements must be inspected by the Allegheny County
Health Department and the Township of O'Hara. All linings must be
inspected by the Township of O'Hara. Any person repairing, lining
or installing a new or replacement sanitary sewer line shall make
application on the proper Township building permit form(s). The applicant
shall then notify the Township at the time the Allegheny County Health
Department is notified for inspection. The sanitary sewer drainage
system shall be visually inspected and/or dye or camera tested by
the Township as described in this article prior to backfill.
C.
Failure to have the Township inspect the work may result in the Township
requiring the uncovering of any pipe or other structure to view the
repairs. This will be at the cost of the property owner.
The Township reserves the right to require repair or replacement
of any sewer line based on activities outside of the certification
process such as the internal televising of the main sewer line completed
by the Township or its contractor, physical inspection or visible
or reported defects.
A temporary document of certification may be issued at the Township's
sole discretion when:
A.
The applicant proves that such testing cannot be performed because
of weather conditions as determined by the Township, and when such
is the case, the applicant shall provide the Township with security
in the amount of $3,000 to guarantee that the appropriate test will
be performed. The applicant will cause to have performed the appropriate
test at such time as weather conditions make testing possible or within
14 days of subsequent written notification from the Township, which
will be given at such time as weather conditions make testing possible
as determined by the Township. In addition, the applicant shall provide
a signed written acknowledgment from the purchaser of the real estate,
agreeing to correct, at the said purchaser's sole expense, any violations/defects
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 Township's enforcement powers or excuse
the current owner from performance.
B.
The applicant has submitted the application for certification at
least 30 days prior to the date of sale and an illegal stormwater
or surface water connection or malfunctioning drainage system has
been discovered or a deficiency in the sewer drainage system is found
and the necessary remedial activities to correct such connection cannot
be performed because of weather conditions as determined by the Township,
the applicant may apply to the Township Manager for a temporary document
of certification. Failure to have the necessary repairs made in a
timely manner prior to the date of sale will not constitute a hardship
as recognized by the Township. A temporary document of certification
may only be issued when the applicant provides the Township with all
of the following:
(1)
A bona fide executed contract between the applicant and a registered,
licensed plumber to complete the necessary remedial work with the
Township listed therein as a third-party beneficiary;
(2)
Cash security in the amount of said contract as posted with the Township;
and
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to the Township
to enter upon the property to complete work in case of default by
the contractor.
(4)
The temporary document of certification shall be valid for 60 days
from the date of the agreement, at which time the security shall be
forfeited, and the Township may use the security to have the necessary
remedial work completed.
C.
The property has been foreclosed by a bank and the foreclosing bank
is selling the property "as is" and when the applicant has submitted
the application for certification at least 30 days prior to the date
of sale and an illegal stormwater or surface water connection or malfunctioning
drainage system has been discovered or a deficiency in the sewer drainage
system is found and the necessary remedial activities to correct such
connection must be completed by the purchaser after the transfer of
the property, the applicant may apply to the Township Manager for
a temporary document of certification. Failure to have the necessary
repairs made in a timely manner after the date of sale will not constitute
a hardship as recognized by the Township. A temporary document of
certification may only be issued when the applicant provides the Township
with all of the following:
(1)
A bona fide executed contract between the applicant and a registered,
licensed plumber to complete the necessary remedial work with the
Township listed therein as a third-party beneficiary; and
(2)
Cash security in the amount of said contract as posted with the Township;
and
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to the Township
to enter upon the property to complete work in case of default by
the contractor.
(4)
The temporary document of certification shall be valid for 60 days
from the date of the agreement, at which time the security shall be
forfeited, and the Township may use the security to have the necessary
remedial work completed.
A.
The Township Manager is hereby authorized, empowered and directed
to make reasonable rules and regulations for the operation and enforcement
of this article as they deem necessary, which shall include, but not
be limited to:
(1)
Establishing acceptable forms of security or guarantees;
(2)
Acceptable testing methods;
(3)
Establishing the forms of applications, purchaser acknowledgments
and plumber certifications;
(4)
Limiting the time of year or the circumstances in which temporary
documents of certification are available for reasons of weather or
bank foreclosure proceedings.
B.
All rules and regulations issued pursuant to this section shall be
in writing and be approved by the Township of O'Hara Council prior
to such rules and regulations being effective. See attachment for
rules and regulations.[1]
[1]
Editor's Note: The Rules and Regulations Governing House or
Building Sanitary Sewer Connections, adopted as part of Ord. No. 1299,
are available from the Township office.
A.
The sewer drainage system is the property of the property owner from
the structure to the connection, including the wye at the public sewer
line. Any separation, break, root infiltration, crack, breech, break
in tap, failed wye, or other such defect noted by the Township during
inspection will require the replacement of the entire sewer drainage
line from the structure to the connection at the public sewer line,
including the wye if required. If sags or bellies in the sewer drainage
line prohibit adequate inspection, the line must be flushed prior
to the continuation of the inspection. The owner has up to 180 days
from the date of inspection to correct any deficiencies whether or
not the property has been sold or transferred.
B.
In addition to the foregoing, the Township may also require the replacement
or repair of any of the following that come to the attention of the
Township through any means whatsoever: a defect in a sewer drainage
system; an illegal stormwater or surface water connection; or a malfunctioning
sewer drainage system. In such a case, the Township will notify the
property owner of the defect or other problem and will give the property
owner up to 180 days from the date of the notice to correct such defect
or other problem. The procedures in this article for the repair or
replacement of a deficiency discovered as a result of a dye test shall
be followed with respect to any such defect or other problem.
The Township reserves the right to charge to the plumber a reasonable
unnecessary inspection/test fee if the Township is called for a test
or inspection and the plumber is not prepared. The fee shall not exceed
$50 per occurrence.
Nothing in this article shall limit, in any fashion whatsoever,
the Township's right to enforce any ordinance or law of the Township
of O'Hara, County of Allegheny or Commonwealth of Pennsylvania. Nothing
in this article shall be a defense of 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. II)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
