Borough of Brentwood, PA Certification of Sanitary Sewer Status.

Any crack, fracture, hole, deformity, collapse, or similar structural degradation of the pipe wall of a sewer lateral, or any separation of the pipe joints of a sewer lateral, whereby stormwater, groundwater, or surface water is allowed to flow into the lateral.

DYE TEST

Any commonly accepted plumbing test wherein dye is introduced into a stormwater or surface water collection system of real property to determine if stormwater or surface water is entering any sanitary sewer system.

DYE TEST COMPLIANCE CERTIFICATION

A written official statement from Brentwood Borough stating that there are no illegal stormwater, groundwater, or surface water connections into the sanitary sewer system, which illegal stormwater, groundwater, or surface water connections would violate any existing Borough ordinance regulating sewers.

ILLEGAL STORMWATER OR SURFACE WATER CONNECTION

The discharge of basement seepage, groundwater, surface water or other extraneous liquid, or the connection of any rain spout, roof drain, area drain, driveway drain, foundation drain, or sump pump, into any sanitary sewer system.

MUNICIPAL LIEN OR TAX CERTIFICATION LETTER

A written letter from Brentwood Borough concerning municipal liens, sewage charges, refuse charges, and/or property taxes.

PERSON

Any person, partnership, association, syndicate, firm, corporation, institution, agency, authority or other individual or entity recognized by law as the subject of rights or duties.

PLUMBER

A natural person registered and licensed by the Allegheny County Health Department to perform maintenance and repair of plumbing systems.

SEWER CONNECTION

A section of pipe that is physically affixed to both the sewer lateral and the public sewer, as defined in § 167-1, and that is designed to convey sewage from the former to the latter.

SEWER LATERAL

The generally horizontal pipe of the sewage drainage system, which receives discharge from the building drain, as defined in § 167-1, at the exterior wall of a structure and conveys it to the sewer connection at the public sewer.

SEWER LATERAL COMPLIANCE CERTIFICATION

A written official statement from Brentwood Borough stating that there are no defects in the sewer lateral, which defects would violate any existing Borough ordinance regulating sewers.

TEMPORARY CERTIFICATION OF COMPLIANCE

A written statement from the Borough issued pursuant to the terms of § 167-35 set forth herein below in this article.

TRANSFER

Any conveyance of real property that results in a change of names listed on the deed for said real property. A transfer shall not be deemed to have occurred if a change of names was due to the marriage, divorce, or death of spouse, or due to the creation of a trust in which the current owner or owners are exclusively named as beneficiary.

VIDEO CAMERA INSPECTION

Any commonly accepted plumbing test whereby a video camera is inserted into and travels through the entirety of the sewer lateral to determine if there are any defects in the sewer lateral, or if any illegal stormwater or surface water connection is entering the sewer lateral.

§ 167-34 Compliance certification required; application.

[Amended 10-22-2018 by Ord. No. 1270]

It shall be unlawful to transfer real property within Brentwood Borough on which a building or improvement exists, without first attaining a dye test compliance certification and a sewer lateral compliance certification, or a temporary certification of compliance, issued by Brentwood Borough.

Any person, hereinafter referred to as the "seller," transferring real property within Brentwood Borough shall make application for a dye test compliance certification and a sewer lateral compliance certification. Said application must be made on a form furnished by the Borough at least 21 days prior to the date of closing said sale transaction. Should the seller fail to apply for the dye test, the purchaser of the property shall apply for said test and obtain the necessary certification.

The seller and purchaser shall be jointly and severally responsible to secure performance of a dye test and a video camera inspection on the real property to be sold, which shall be conducted by a master plumber. Said master plumber shall complete a form, to be furnished by Brentwood Borough, confirming that said property has been dye tested and that the sewer lateral has been subject to a video camera inspection, and certifying the results of the same. Said master plumber shall also furnish a recorded copy of the results of the video camera inspection in DVD-video format to the Code Department.

If there are found no illegal storm- or surface water connections, upon presentation of the completed form with acceptable test results and findings to the Code Department, the Borough Manager or his designee shall issue a dye test compliance certification to the purchaser, contingent upon payment by the seller and/or purchaser to the Borough of a fee in an amount set forth by resolution of Borough Council.

If there are found no sewer lateral defects, upon inspection and approval of the video camera inspection results by the Code Department, the Borough Manager or his designee shall issue a sewer lateral compliance certification to the purchaser, contingent upon payment by the seller and/or purchaser to the Borough of a fee in an amount set forth by resolution of Borough Council.

If the dye test, video camera inspection, or other investigation reveals the existence of illegal storm- or surface water connections, then no dye test compliance certification will be issued to the purchaser until the illegal storm- or surface water connections are removed and certification of such removal by a master plumber is received by the Code Department. If a defect is sighted in the sewer lateral, no sewer lateral compliance certification will be issued to the purchaser until the sewer lateral is repaired by a master plumber and said repairs are certified by the same. Upon the repair of the sewer lateral defects, said master plumber shall perform a video camera inspection and shall furnish a recorded copy of the results of the same in DVD-video format to the Code Department.

§ 167-35 Temporary certification of compliance.

[Amended 10-22-2018 by Ord. No. 1270]

A temporary certification of compliance may be issued by the Borough Manager or his designee if it is proven to the satisfaction of the Code Department that dye testing and/or video camera inspection cannot be performed prior to the transfer of such real property due to one of the following circumstances:

(1)

Adverse weather conditions as would interfere with the accuracy of the dye test and/or video camera inspection.

(2)

An agreement to transfer the real property in "as-is" condition, whereby contractually precluding the performance of the dye test and/or video camera inspection prior to the conveyance of the deed.

In the circumstances referenced herein, a temporary certification of compliance may only be issued when the seller and/or purchaser provides the Code Department with all of the following at least seven days prior to the proposed date of closing for said transaction. However, should such real property be transferred through a Sheriff Sale, then the purchaser shall be solely responsible to provide the same within seven days of the date of said transaction.

(1)

Security in cash, certified check, cashier's check, or money order in the amount of $500.

(2)

A written escrow agreement on a form furnished by the Borough, and such escrow agreement shall be signed by both the seller and the purchaser of said real property, as well as the Borough Manager or his designee, whereby the purchaser agrees to repair, at the purchaser's sole expense, any illegal storm- or surface water connections or any sewer lateral defects discovered as a result of said subsequent dye test and/or video camera inspection. However, if such real property is transferred through a Sheriff Sale, then only the purchaser and the Borough Manager or his designee shall be required to sign the same.

The dye test and/or video camera inspection shall be performed within 14 days of the date of closing of said transaction.

If the dye test and/or video camera inspection reveals the existence of illegal storm- or surface water connections and/or defects in the sewer lateral, such illegal storm- or surface water connections and/or defects in the sewer lateral shall be removed or repaired within 21 days of the same.

No provision of this subsection shall prohibit an agreement between the seller and the purchaser, requiring the seller to reimburse said purchaser for any cost incurred pursuant to this article; provided, however, that primary responsibility and liability for correction of any illegal storm- or surface water connection and/or sewer lateral defect shall be acknowledged by both the seller and the purchaser to run with the land, and provided further that no agreement between the seller and the purchaser shall affect the Borough's power to enforce the provisions of this or other Borough ordinances or excuse any owner of said real estate from full performance or compliance.

A temporary certification of compliance may be issued by the Borough Manager or his designee if an illegal storm- or surface water connection and/or sewer lateral defect is discovered and the necessary remedial actions to correct such illegal storm- or surface water connection and/or sewer lateral defect would require such length of time as would create a practical hardship for the seller or the purchaser.

(1)

In the circumstances referenced herein, a temporary certification of compliance may only be issued when the applicant provides the Code Department with all of the following at least seven days prior to the proposed date of closing for said transaction:

(a)

A bona fide, fully signed and executed written contract between the applicant and a master plumber, obligating the master plumber to complete the necessary remedial work, and granting Brentwood Borough status as a third-party beneficiary of said written contract, with full legal and equitable power to enforce any and all of the provisions of said written contract.

(b)

Security in cash, certified check, cashier's check, or money order, in the total amount of said contract, including labor and materials, which security must be submitted to the Borough with the application forms.

(c)

A written escrow agreement on a form furnished by the Borough, and such escrow agreement shall be signed by both the seller and the purchaser of said real property, as well as the Borough Manager or his designee. Said escrow agreement shall name the Borough as a third-party beneficiary of said escrow agreement, whereby the purchaser is obligated to, and responsible for, all cost overruns related to the remedial work and granting a license, easement and right-of-way to the Borough and its designated agents or representatives for entry upon said real property to enable commencement and completion of the work in the event of default by the plumber, the seller, or the purchaser.

(2)

The Borough Manager or his designee shall determine when each such temporary certification of compliance shall expire and the plumber, the seller, and the purchaser shall all be advised, in writing, of the expiration date. Upon expiration of said temporary certification of compliance without completion of the remedial work, the security posted shall be forfeited and may be used by Brentwood Borough for completion of necessary remedial work. If the applicant is attempting in good faith to correct violations but is unable to do so within the time specified in the notice, the applicant shall have the right to request, in writing, such additional time as may be needed to complete correction work, which request shall not be unreasonably withheld.

§ 167-36 Sewer lateral defects within a public right-of-way.

In accordance with § 167-8, if a dye test and/or video camera inspection reveals that illegal stormwater or surface water connections and/or sewer lateral defects are located within a public right-of-way, and such illegal stormwater or surface water connections and/or sewer lateral defects are located beneath an improved roadway, alleyway, or walkway owned and maintained by the Borough of Brentwood, then the Borough shall be responsible for necessary corrective action to remediate the same.

The Borough shall not reimburse the applicant for any work performed prior to the submission and review of a copy of the video camera inspection by the Code Department.

§ 167-37 Municipal lien letters; tax certification letters; period of validity for compliance certificates.

A request for a municipal lien letter and a tax certification letter must be accompanied by a valid document of certification of compliance and payment of fees, in amounts set by resolution of Borough Council. The request for a municipal lien letter must be submitted to the Borough, and the request for a tax certification letter must be submitted to the Borough Tax Collector, both of which must be submitted at least 10 business days before such letters are to be provided to the applicant. No municipal lien letter or tax certification letter will be released until all valid documents of certification of compliance, and the commensurate fees, have been received by the Borough.

The dye test compliance certification, sewer lateral compliance certification, municipal lien letter, and tax certification letter shall be valid for the shorter of the following periods of time:

(1)

Five years from the date of issuance; or

(2)

Until the date of sale or conveyance of the subject property, including intrafamilial transfers.

§ 167-38 Additional rules and regulations; construal of provisions.

Borough Council may adopt and promulgate reasonable rules and regulations for the operation and enforcement of this article, which may include, but shall not be limited to, the following:

(1)

Forms and methods of providing security and guaranty to the Borough.

(2)

Approved forms of all applications, acknowledgements, contracts, agreements, certifications, or other required documents.

Nothing in this article is intended to limit, or to be construed as limiting, in any fashion or to any extent, the Borough's right to enforce any other Borough ordinance, resolution, motion, rule or regulation or any of the laws, regulations or rules of the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection, or the County of Allegheny, nor shall it preclude the Borough from requiring dye testing and/or video camera inspections or other inspections of private sewer systems for the purpose of locating defective piping which would allow surface water or groundwater to enter the system. No provision of this article shall be a defense to any citation issued by any Pennsylvania municipal corporation or by the Commonwealth of Pennsylvania or by the Pennsylvania Department of Environmental Protection or by the government of the United States of America, pursuant to any of their respective statutes, laws, ordinances, rules or regulations.

§ 167-39 Violations and penalties.

Any person violating any provision of this article or of any resolution, motion, rule or regulation or other requirement adopted pursuant to this article shall, upon conviction of such violation, be subject to payment of a fine not to exceed $1,000 per violation and, in a default of payment of such fine, to suffer imprisonment for a term not to exceed 30 days. Each day of violation of any provision of this article shall be construed as a separate violation.