[Adopted 12-22-1998 by Ord. No. 1189]
After the effective date of this Part 4, it shall be unlawful for any person to sell real estate within the Borough of Springdale on which a building or improvement exists without first delivering to the purchaser a document of certification from the proper officers of the Borough of Springdale.
As used in this Part 4, the following terms shall have the meanings indicated:
- DOCUMENT OF CERTIFICATION
- An official statement from the proper officer of the Borough of Springdale 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.
- ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
- The discharge of groundwater or surface water or the connection of downspouts, roof drainage, surface area drainage, or foundation or basement drainage into the sanitary sewer system.
- MUNICIPAL LIEN LETTER
- A written letter from the proper official of the Borough of Springdale concerning municipal liens, issued in connection with a sale of real estate within the Borough.
- Any person, syndicate, associate, partnership, firm, corporation, institution, agency, authority, or other entity recognized by law as the subject of rights and duties.
Any person selling real estate located within the Borough of Springdale (hereinafter "applicant") shall make application on a form furnished by the Borough of Springdale 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 or a contractor with experience in the installation/repair of sanitary or storm sewers perform a dye test of the sewer drainage system on the property to be sold. The tester shall notify the Borough at least five 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 results of any internal televising of the main sewer completed by the Borough or its contractor. The tester shall complete the appropriate portions on the form and certify that the property has been dye 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 Springdale working operations supervisor 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 connections/malfunctioning drainage system are removed/repaired, the system retested and certification of such removal/repair by a registered tester, as described above, is received.
The Borough of Springdale shall not issue a municipal lien letter in connection with a sale of real estate in the Borough on which a building or improvement exists until a document of certification has first been obtained. A new document of certification shall be required in connection with each new sale of real estate.
The Working Operations Supervisor is hereby authorized, empowered and directed to make reasonable rules and regulations for the operation and enforcement of this Part 4 as he deems necessary, which shall include, but not be limited to:
All rules and regulations issued pursuant to this section shall be in writing and be approved by the Springdale Borough Council prior to such rules and regulations being effective.
Nothing in this Part 4 shall limit, in any fashion whatsoever, the Borough's right to enforce any ordinance or law of the Borough of Springdale, County of Allegheny or Commonwealth of Pennsylvania. Nothing in this Part 4 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 any provision of this Part 4 or any rule or regulation issued under this Part 4 shall be guilty of a summary offense and shall be sentenced, upon conviction, to a fine not exceeding $1,000 or to a term of imprisonment not to exceed 30 days, or both. Each day that a violation continues shall be deemed a separate offense.
If any person sells or attempts to sell real estate in the Borough of Springdale on which a building or improvement exists without first obtaining and delivering a document of certification as required by this Part 4, then the Borough, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate any act constituting a violation of this Part 4.
The effective date of this Part 4 shall be the 1st day of January, 1999.