[Adopted 10-17-2016 by Ord. No. 2-2016]
When used herein, the following words shall have the following meanings:
APPLICANT
Any person (defined below) selling real property (defined below) or purchasing real property (defined below) located within the Borough.
BOROUGH
A. 
The Borough of Riverside, Northumberland County, Pennsylvania.
B. 
The Riverside Borough, its agents, consultants, contractors, or other designated representatives authorized to act on its behalf.
EVIDENCE OF COMPLIANCE CERTIFICATE
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).
ILLEGAL CONNECTIONS
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.
INSPECTION
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.
INSPECTOR
A representative of the Riverside Borough.
PERSON
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.
PURCHASE REAL PROPERTY or PURCHASING REAL PROPERTY
Includes any and all acquisitions of title to real property with or without consideration.
PURCHASER
A person acquiring title to real property with or without consideration.
SALE OF REAL PROPERTY, SELL REAL PROPERTY or SELLING REAL PROPERTY
Includes any and all transfers or changes in ownership of real property, with or without consideration.
SANITARY SEWER SYSTEM
The entire sewer system of the Borough.
SANITARY SEWERS
Sewers designed and built to carry sanitary sewage and/or industrial waste separately from water discharge.
SELLER
A person transferring or conveying title to real property to another person.
STORM SEWER SYSTEM
A sewer system designed to accept and transport flows of storm, surface, ground water, as distinct from sewage.
TEMPORARY EVIDENCE OF COMPLIANCE CERTIFICATE
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.
(3) 
If the reinspection reveals the existence of any illegal connections, the inspector shall so certify on the results form, and the Borough shall reject the application as per § 225-153 of this article.
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.
(3) 
If the reinspection reveals the existence of any illegal connections, the inspector shall so certify on the results form, and the Borough shall reject the application as per § 225-153 of this article.
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.
B. 
Establish the procedures and guidelines for the retention, release, and/or payment of any security held by the Borough under and pursuant to § 225-152 above.
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.
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.