[Adopted 10-17-2016 by Ord. No. 2-2016]
When used herein, the following words shall have the following
meanings:
Any person (defined below) selling real property (defined
below) or purchasing real property (defined below) located within
the Borough.
A certificate from the Borough confirming that it has on
file a written report or statement from an inspector (defined below)
certifying there is not located on a property any illegal connections
(defined below) into the sanitary sewer system (defined below).
Connections to the sanitary sewer system that allow storm,
surface, ground water to be discharged into the Borough's sanitary
sewer system from sources including, but not limited to, floor drainage,
sump pumps, downspout drainage, roof drainage, and areaway drainage.
Includes physical inspection, dye testing (a commonly accepted
plumbing test whereby a nontoxic, no-staining dye is introduced into
the storm, surface, ground water collection system of real property
to determine if any storm, surface, ground water collection system
of real property to determine if any storm/surface/ground water is
entering the sanitary sewer system), smoke testing to detect roof
leaders, and any other reasonable and appropriate testing methodology(ies)
acceptable to the Borough to determine if any storm, surface, ground
water is entering the sanitary sewer system.
A representative of the Riverside Borough.
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government, or
other entity recognized by law as the subject of rights and duties.
Includes any and all acquisitions of title to real property
with or without consideration.
A person acquiring title to real property with or without
consideration.
Includes any and all transfers or changes in ownership of
real property, with or without consideration.
The entire sewer system of the Borough.
Sewers designed and built to carry sanitary sewage and/or
industrial waste separately from water discharge.
A person transferring or conveying title to real property
to another person.
A sewer system designed to accept and transport flows of
storm, surface, ground water, as distinct from sewage.
A certificate from the Borough issued pursuant to § 225-152 of this article.
A.
From and after the effective date of this article, it shall be unlawful
for any person to construct, install, maintain, repair, operate, use,
or allow an illegal connection to the sanitary sewer system on real
property owned by that person. This prohibition expressly included,
without limitation, illegal connections made prior to the effective
date of this article, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
B.
From and after the effective date of this article, it shall be unlawful
for any person whose real property is connected to the sanitary sewer
system to sell real property located within the Borough on which a
building or improvement exists without first obtaining and delivering
to the purchaser (defined above) an evidence of compliance certificate
or a temporary evidence of compliance certificate from the Borough
as required under this article.
C.
From and after the effective date of this article, it shall be unlawful
for any person (purchaser) to purchase real property located within
the Borough connected to the sanitary sewer system on which a building
or improvement exists without first obtaining from a seller a valid
evidence of compliance certificate or a temporary evidence of compliance
certificate.
Illegal connections must be disconnected from the sanitary sewer
system and redirected, as appropriate, to either a separate storm
sewer system, or another appropriate legal place. Connection of the
illegal connection to the Borough's separate storm sewer system
is subject to the prior approval of the Borough. In no event is water
to be discharged from the illegal connection upon or across public
or private sidewalks, or discharged onto adjacent property. Prior
to the commencement of any work on the disconnection of an illegal
connection, all necessary and required building permits, street opening
permits, sidewalk opening permits, tap-in permits, and other approvals
and permits that may be necessary to accomplish the disconnection
shall be acquired, and all fees paid, and a plan of corrective action
shall be presented to the Borough on a corrective action plan form
(plan form). Disconnection shall mean that the illegal connection
is disconnected and removed from the sanitary sewer system, and that
the illegal connection access to the sanitary sewer system at that
location is permanently capped and sealed. The disconnection of the
illegal connection shall be certified by an inspector on the plan
form.
A.
Any person selling real property (applicant) located within the Borough,
whose real property is connected to the sanitary sewer system, shall
have said real property inspected by a Borough inspector. Said person
shall arrange for an inspection by obtaining an application for evidence
of compliance certificate (application) from the Borough, submitting
the completed application to the Borough, and paying such fee(s) and
cost(s) as required by the Borough. Upon completion of the inspection,
the inspector shall complete the appropriate section of the inspection
results form (results form) confirming that the property has been
inspected and certifying the results of such inspection.
(1)
If the inspector determines that there are no illegal connections
on the real property he shall so note on the results form and the
application, and the Borough shall issue the evidence of compliance
certificate promptly after the Borough's receipt of the properly
completed application and results form.
(2)
If the inspector determines that there is/are illegal connection(s)
on the real property he shall so note on the results form, and the
Applicant shall present a plan of corrective action, for the Borough's
approval, on a Borough plan form. The time period for the completion
of the remedial work (based upon the extent of the work required and
the existing conditions) shall be such as the Borough will approve.
After the corrective action has been taken, the Applicant shall submit
a report thereof to the Borough on the Borough's corrective action
report form (report form) and pay any additional fee(s) and cost(s)
required by the Borough. The real property will be reinspected, and,
if the inspector determines that there are then no illegal connections
on the real property, he shall so certify on the report form, and
the Borough shall issue the evidence of compliance certificate promptly
after the Borough's receipt of the completed application and
the report form.
B.
An evidence of compliance certificate shall expire three years following
the date of its issuance. If any additions are made to the property
within the three-year period, a certification shall be obtained from
an inspector that the addition has no illegal connections.
A.
Any person purchasing real property (purchaser) located within the
Borough connected to the sanitary sewer system on which a building
or improvement exists without first obtaining from a seller a valid
evidence of compliance certificate or a temporary evidence of compliance
certificate shall have said real property inspected by a Borough inspector.
Said person shall arrange for an inspection by obtaining an application
for evidence of compliance certificate (application), from the Borough,
submitting the completed application to the Borough and paying such
fee(s) and cost(s) as required by the Borough. Upon completion of
the inspection, the inspector shall complete the appropriate section
of the inspection results form (results form) confirming that the
property has been inspected and certifying the results of such inspection.
(1)
If the inspector determines that there are no illegal connections
on the real property, he shall so note on the results form and the
application, and the Borough shall issue the evidence of compliance
certificate promptly after the Borough's receipt of the properly
completed application and results form.
(2)
If the inspector determines that there is/are illegal connection(s)
on the real property, he shall so note on the results form, and the
Applicant shall present a plan of correction, for the Borough's
approval, on a Borough plan form. The time period for the completion
of the remedial work (based upon the extent of the work required and
the existing conditions) shall be such as the Borough will approve.
After the correction action has been taken, the Applicant shall submit
a report thereof to the Borough on the Borough's corrective action
report form (report form) and pay any additional fee(s) and cost(s)
required by the Borough. The real property will be reinspected and,
if the inspector determines that there are then no illegal connections
on the real property, he shall so certify on the application and the
report form, and the Borough shall issue the evidence of compliance
certificate promptly after the Borough's receipt of the properly
completed application and report form.
B.
An evidence of compliance certificate shall expire three years following
the date of its issuance. If any additions are made to the property
within the three-year period, a certification shall be obtained from
an inspector that the addition has no illegal connections.
A.
In the event that an illegal connection is discovered pursuant to § 225-150 of this article, and the Applicant believes that it would create an undue hardship to perform the necessary corrective action prior to the date of closing on the sale of the property, the Applicant may apply to the Borough for a temporary evidence of compliance certificate on a Borough-approved form. The Borough may issue a temporary evidence of compliance certificate upon the payment of such fee(s) and cost(s) as the Borough may from time to time establish, and provided there is strict compliance with all the following conditions:
(1)
The Borough is provided with a bona fide, executed contract
(hereinafter "contract") between the Applicant and a contractor requiring
the contractor to complete the necessary remedial work to correct
and/or disconnect and remove the illegal connection, and granting
the Borough the right and power to enforce the contract as a third-party
beneficiary. The time period set forth in the contract for the completion
of the remedial work (based upon the extent of the work required and
the existing conditions) shall be such as the Borough will approve.
(2)
Cash security (hereinafter "security") in the amount of 120%
of the price of the contract is deposited with the Borough or provision
is made that, at closing, a security in the amount of 120% of the
price of the contract shall be collected by the closing agent for
the Borough and immediately deposited with the Borough. The security
shall be held by the Borough in a non-interest-bearing account. Security
shall be limited to cash, certified checks and treasurer's checks.
(3)
A written agreement between the purchaser or transferee and
the Borough under which the purchaser or transferee agrees to be responsible
for all cost overruns related to the remedial work together with a
grant to the Borough of a license to enter upon the property to complete
the work at the expense and cost of the purchaser or transferee should
the contractor or the Applicant default on the contract. Any cost
overrun exceeding the security posted with the Borough shall remain
the sole and exclusive liability of the purchaser or transferee and
constitute a recordable lien against the real property.
B.
The temporary evidence of compliance certificate shall be effective
for no more than 60 days, and the expiration date shall be noted thereon.
In the event the required remedial work necessitated by the sale of
real property is not practical due to the absence of available remedies,
and where the Borough has adopted a plan of corrective action applicable
to the sanitary sewers serving such real property, then the temporary
evidence of compliance certificate shall be extended until the planned
corrective action is completed. In such event, the Borough shall set
security in the amount of 120% of the price of the Applicant's
anticipated pro-rata cost of the anticipated remedial work.
C.
If, upon expiration of the temporary evidence of compliance certificate,
all remedial work has not been completed and evidence of compliance
certificate has not been issued, the security deposited with the Borough
shall be forfeited and the Borough may use said security to have the
required remedial work completed.
The Borough may reject an application for an evidence of compliance
certificate or for a temporary evidence of compliance certificate
whenever the requirements of this article have not been met. In the
event of such a rejection, the Applicant may, within 15 days of the
rejection, file an appeal with an appropriate body.
The Borough may, by resolution, adopt any or all of the following
in order to accomplish the purposes of this article:
A.
Establish and promulgate any and all forms, fees, procedures, regulations
and/or guidelines necessary to implement and effectuate the objectives
and purposes of this article.
A.
The Borough is authorized to enter real properties at reasonable
times to perform inspections to determine compliance with this article
unless the owner and/or possessor specifically refuses access.
B.
If a property has security measures in force which require proper
identification and clearance before entry into its premises, the owner
and/or possessor shall, upon reasonable notice by the Borough, make
the necessary arrangements to allow access by representatives of the
Borough.
C.
The owner and/or possessor of the property shall allow the Borough
reasonable access to all parts of a property necessary to the inspections
of the property. The Borough shall have the right to set up on any
property such devices as are necessary in the opinion of the Borough
to conduct inspections of the property.
D.
Any temporary or permanent obstruction to safe and easy access to
the property to be inspected shall be promptly removed by the owner
and/or possessor of the property at the oral or written request of
the Borough and shall not be replaced until such inspection is completed
and/or any violations of this article are corrected and such corrections
are certified by an inspector.
E.
The Borough may provide notice of the inspections of a property or
properties orally or by written notice or publication. Notice is required
if the owner and/or possessor specifically refuses access.
F.
If the Borough has been refused access to any part of a property
on which an illegal connection is suspected, and the Borough is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine program of inspection and sampling designed to
verify public health, safety, environment and welfare of the community,
then the Borough may seek issuance of a search warrant from any court
of competent jurisdiction.
All penalties for this article are determined by Council resolution.
Whenever the Borough finds that a noncompliance or violation
of this article has occurred, the Borough may order compliance by
written notice of noncompliance/violation. Said notice may be served
personally on the owner and/or possessor of the property, or by leaving
the same at the principal building on the property, or by posting
the same conspicuously on the property, or by mail sent to the address
of the property or at such other address for the owner and/or possessor
as maintained in the Borough or County of Northumberland records.
A.
The notice of noncompliance/violation shall contain:
(1)
The name and address of the alleged noncomplier/violator;
(2)
The address, when available, or a description of the building,
structure or land upon which the noncompliance/violation is occurring,
or has occurred;
(3)
A statement specifying the nature of the noncompliance/violation;
(4)
A description of the remedial measures necessary to restore
compliance with this article and a time schedule for the completion
of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of noncompliance/violation
is directed; and
(6)
A statement that the determination of violation may be appealed
by filing a written notice of appeal with an appropriate appellate
body within 15 days of the service of notice of noncompliance/violation.
B.
Such notice of noncompliance/violation may require, without limitation:
(1)
The performance of inspections, monitoring, analyses and reporting;
(2)
The elimination, disconnection, and removal of the illegal connection(s) in accordance with § 225-149 of this article; and
(3)
That the person whose discharges, practices, or operations are
in noncompliance/violation of this article shall cease and desist
from such noncompliance/violations.
Any person receiving a notice of noncompliance/violation may
appeal the determination of violation by filing a written notice of
appeal with an appropriate appellate body within 15 days of the service
of the notice of noncompliance/violation.
A.
If the noncompliance/violation(s) has/have not been corrected in
accordance with the provisions and/or times established pursuant to
this article, the Borough is authorized to take any and all measures
necessary to abate the noncompliance/violation, disconnect and remove
the illegal connection(s), and/or restore the property. The costs
of the enforcement measures taken by the Borough shall constitute
a recordable lien against the property.
B.
Where correction of the noncompliance/violation cannot be made in
accordance with the provisions and/or times established pursuant to
this article, upon proof to the Borough of a contract for performance
of the correction work, or other document satisfactory to the Borough
showing good-faith commencement of correction of the noncompliance/violation,
abatement by the Borough may be delayed up to a maximum of 60 days
after the notice of noncompliance/violation or, in the case of appeal,
for a maximum of 60 days after the decision of the appellate body
upholding the determination of noncompliance/violation made by the
Borough.
In the event a noncompliance/violation of this article constitutes
an immediate danger to public health or public safety, the Borough
is authorized to take any and all measures necessary to abate the
noncompliance/violations, disconnect and remove illegal connection(s),
and/or restore the property. The costs of the measures taken by the
Borough shall constitute a recordable lien against the property.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of the provisions
of this article is a threat to public health, safety, welfare, and
the environment and is declared and deemed to be a nuisance, and the
Borough may seek abatement thereof by injunctive or other equitable
relief as provided by law.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and the Borough may seek cumulative remedies. The Borough may
recover attorney's fees, court costs, and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
Any Ordinance or Resolution, or part thereof, conflicting with
the provisions of this article is hereby repealed so far as the same
affects this article.
This article shall take effect immediately as of the date of
enactment, and shall apply to the closing or settlement of any sale
of real property, on or after that date, without regard to the date
of any agreement or contract under which the sale occurred.
