[Adopted 11-6-2018 by Ord. No. 2018-03]
This part shall apply to the inspection of sanitary sewer laterals
for all new and existing single-family, multifamily or condominium
dwelling units and/or nonresidential, industrial, institutional or
commercial properties (hereinafter collectively and, at times, interchangeably,
the "property" and/or "properties") within the Borough, and serviced
by the MABE (Municipal Authority of the Borough of Elverson), together
with the inspection of those properties transferred by title, deed
or other legal means and already connected for sewage service to the
system.
All properties serviced by the MABE shall be subject to inspection
of its sanitary sewer lateral(s) connecting to the system in accordance
with the applicable procedures adopted by the MABE from time to time
to ensure compliance with all MABE maintenance and discharge standards
and specifications. Inspection certificates issued by the MABE as
part of any inspection program implemented shall be valid for a period
of three years following issuance.
No existing property shall be occupied by a new owner as a result
of a transfer of title, deed or other legal means until a sanitary
sewer lateral inspection has been completed and a certificate of inspection
has been issued by the MABE or its designee in accordance with any
resolution and/or other related procedures adopted from time to time
by the MABE.
The failure of a property owner, agent or, where applicable,
any other person with the authority and responsibility for the transfer
of property who fails to comply with the requirements set forth in
this part and/or any resolution relating to the inspection of sanitary
sewer laterals as adopted by the MABE and/or fails to notify the MABE
or its designee of a property transfer and secure an inspection certificate
shall be subject to any one or all of the following, at the discretion
of the Borough or its designee:
A.
A civil penalty not to exceed $600 per violation with each day that
a violation continues to exist being deemed a separate violation;
B.
A criminal fine not to exceed $1,000 per violation with each day
that a violation continues to exist being deemed a separate violation;
C.
An adjudication of guilt of a summary offense upon conviction by
a Magisterial District Court; and
D.
An assessment of court costs and reasonable attorneys' fees incurred
by the Borough in the enforcement of this part.
