[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:
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.
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.
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.
A.
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:
B.
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.
A.
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.
B.
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.
