[Adopted 6-18-1990 by Ord. No. 510 (Ch. 18, Part 6, of the 1978 Code
of Ordinances)]
After the effective date of this article, it shall be unlawful
for any person to sell real estate within the Borough of Fox Chapel
on which a building or improvement exists without first delivering
to the purchaser a document of certification or temporary document
of certification from the proper officers of the Borough of Fox Chapel.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper officer of the Borough
of Fox Chapel stating that there are no known illegal stormwater or
surface water connections into the sanitary sewer connections on the
specific property which is being sold.
The discharge of groundwater or surface water or the connection
of downspouts, roof drainage, surface areaway drainage, or foundation
or basement drainage into the sanitary sewer system.
A written letter from the proper official of the Borough
of Fox Chapel 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 Fox Chapel, issued pursuant to the terms of § 285-24 of this article.
[Amended 7-15-2002 by Ord. No. 625]
Any person selling real estate located within the Borough of
Fox Chapel (hereinafter "applicant") shall make application on a form
furnished by the Borough of Fox Chapel at least seven days before
the 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, smoke test or air test of the sewer drainage system
on the property to be sold, said smoke test to involve the use of
nontoxic, nonstaining smoke, which is forced through the sewer system
by the use of air blowers. The plumber shall notify the Borough at
least two working days before the test is made so that the Borough
may witness the test. The Borough shall have the right to approve
the test as performed and/or to require that additional tests be made.
The Borough shall also have the right to rely on the result of any
internal televising of the main sewer completed by the Borough or
its contractor. The plumber shall complete the appropriate portions
on the form and certify that the property has been dye-tested, smoke-tested
or air-tested and certify the results of such test. In the event that
there are no illegal stormwater or surface water connections and the
existing drainage system is sound, the Borough of Fox Chapel Building
Inspector or his designate shall issue a document of certification
upon the payment of any established fee. When an illegal stormwater
or surface water connection or malfunctioning drainage system is discovered
by the means of the above-mentioned testing, no document of certification
will be issued until the illegal connection/malfunctioning drainage
system is removed/repaired, the system retested and certification
of such removal/repair by a registered, licensed plumber is received.
It shall be the responsibility of the property owner to repair or
replace all defective lateral sewer pipe to the point of connection
to a sewer maintained by the Borough. In instances where the property
owner's lateral connects to a lateral sewer not maintained by the
Borough and used by other property owners, then, absent an agreement
to the contrary, each property owner shall be responsible for repairing
or replacing the shared sewer lateral in proportion to the number
of properties using the section(s) being replaced. In the event that
any of the other property owners using the shared lateral being repaired
or replaced under the provisions of this article are unwilling or
unable to pay their share of the costs, the Borough may, but is not
required to, pay their share of the costs and collect the costs by
civil action or under the Municipal Claims and Lien Law.
A temporary document of certification may be issued, at the
Borough's sole discretion:
A.
Either when the applicant proves that such testing cannot be performed
because of weather conditions, and when such is the case, the applicant
shall provide the Borough with security in the amount of $1,000 to
guarantee that the appropriate test will be performed. The applicant
will cause to have performed the appropriate test within 14 days of
subsequent written notification from the Borough, which will be given
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/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 Borough's enforcement powers or excuse the current owner
from performance.
B.
Or when an illegal stormwater or surface water connection or malfunctioning
drainage system has 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 Borough Building Inspector for a temporary document of
certification, which may only be issued when the applicant provides
the Borough 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
Borough listed therein as a third-party beneficiary.
(2)
Cash security in the amount of said contract is posted with the Borough.
(3)
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 work in case of default by
the contractor. The Building Inspector 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 Building
Inspector 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:
(1)
Establishing acceptable forms of security or guarantees.
(2)
Acceptable testing methods.
(3)
Establishing the forms of applications, purchaser acknowledgements
and plumber certifications.
(4)
Limiting the times of year in which temporary documents of certification
are available for reasons of weather.
B.
All rules
and regulations issued pursuant to this section shall be in writing
and be approved by the Fox Chapel Borough Council prior to such rules
and regulations being effective.
Nothing in this article shall limit in any fashion whatsoever
the Borough's right to enforce any ordinance or law of the Borough
of Fox Chapel, 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.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding 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 court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Allegheny County correctional facility for a period
not exceeding 30 days. Each day that such 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.
The effective date of this article shall be the first day of
July 1990.
