[Amended 10-17-2016 by Ord. No. 1251]
As used in this article, the following terms shall have the
meanings indicated:
A building inspector, code enforcement officer, or any other
employee of the Borough charged with enforcing building and property
maintenance codes.
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.
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.
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.
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.
A written letter from Brentwood Borough concerning municipal
liens, sewage charges, refuse charges, and/or property taxes.
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.
A natural person registered and licensed by the Allegheny
County Health Department to perform maintenance and repair of plumbing
systems.
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.
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.
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.
A written statement from the Borough issued pursuant to the terms of § 167-35 set forth herein below in this article.
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.
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.
[Amended 10-22-2018 by Ord. No. 1270]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
[Amended 10-22-2018 by Ord. No. 1270]
A.
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.
B.
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.
C.
The dye test and/or video camera inspection shall be performed within
14 days of the date of closing of said transaction.
D.
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.
E.
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.
F.
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)
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.
G.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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:
B.
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.
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.
