[Adopted 11-11-2004 by Ord. No. 543]
The Council of the Borough of Blawnox finds that excessive storm-
and/or surface waters are illegally routed into the sanitary sewer
systems within the Borough, thus requiring increased and unnecessary
treatment capacity and activity and thus curtailing the availability
of tap-ins and treatment to other users who need sanitary sewage treatment.
The Council finds that the procedures, fees and penalties provided
for herein are necessary to achieve the purposes of this article.
This article may be known and cited as the "Dye Test Regulations
and Certifications."
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Borough of Blawnox, Allegheny County, Pennsylvania.
An official statement from the Borough stating that there
are no illegal storm or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
sanitary sewer line.
A written letter from the Borough Secretary concerning municipal
liens and property taxes.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the Borough issued pursuant to the terms of § 440-26 of this article.
After the effective date of this article, it shall be unlawful
for any person to sell or purchase real estate within the Borough
on which a building or improvement exists without first delivering
to the purchaser a document of certification or a temporary document
of certification from the Borough.
A.
Any person selling real estate located as defined in § 440-22 of this article that is located within the Borough (hereinafter referred to as "applicant") shall make application on a form furnished by the Borough at least 21 days before the date of closing the sale. The applicant shall then cause to have performed a dye test on the property to be sold. All dye tests shall be performed by an inspector appointed by the Borough of Blawnox (hereinafter referred to as "inspector").
B.
The inspection fee shall be in an amount set by resolution of the
Council of the Borough of Blawnox. The inspection fee shall be paid
to the Borough at the time of making the application referred to in
this section.
C.
Such inspector shall complete the appropriate portions on the form and certify that the property has been dye tested and certify the results of such test. In the event there are no illegal storm- or surface water connections, the Borough Secretary or her designate shall issue a document of certification upon payment of such fee as set by resolution of the Borough. When an illegal storm- or surface water connection is discovered by means of the above-mentioned dye test, no document of certification will be issued until the illegal connections are removed and certification of such removal by an inspector is received. An additional inspection fee shall be paid by the applicant for each inspection subsequent to the first inspection referred to in Subsection A.
A document of certification shall be valid for a period of one
year from the date of issuance. Real estate may be sold during the
one-year effective life of such document without further dye testing
or certification.
A document of certification shall not be required in the following
instances:
A.
When property is refinanced but no conveyance takes place.
B.
When an improvement to real estate has been recently constructed
in accordance with a valid building permit and has been inspected
by the Building Inspector and has not been formerly occupied. If such
property is sold after one year of the date of the certificate of
occupancy, or the inspections referred to in this subsection, compliance
with this article is mandatory.
C.
Individual apartment-type units within a single condominium building
may be sold without individual certification, provided that the building
in which the units are located has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit.
D.
When the real estate is such that tap-in to the sanitary sewer system
is not required by law or ordinance.
A temporary document of certification may be issued at the Borough's
sole discretion when, either:
A.
The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Borough with security in such amount as the Council of
the Borough of Blawnox by resolution shall establish to guarantee
that the dye test will be performed. The applicant will cause to have
the dye rest performed within 14 days of written notification from
the Borough which will be given at such time as weather conditions
make the dye test possible. In addition, the applicant shall provide
a signed, written acknowledgment from the purchaser agreeing to correct,
at purchaser's sole cost and expense, any violations that may be discovered
as a result of subsequent dye tests. Nothing in this subsection shall
prohibit any purchaser from requiring the applicant to reimburse purchaser
for any costs incurred; provided, however, that primary liability
shall run with the land and no such agreement shall affect the Borough's
enforcement powers or excuse the current owner from compliance with
this Code; or
B.
When an illegal storm- or surface water connection is discovered
and the necessary remedial activities to correct such connection would
require a length of time such as to create a practical hardship for
the applicant, applicant may apply to the Borough Secretary for a
temporary document of certification which may only be issued when
the applicant provides the Borough with all of the following: i) A
bona fide, executed contract between the applicant and an inspector
to complete the necessary remedial work within the Borough listed
therein as a third-party beneficiary; and ii) cash security in the
amount of said contract is posted with the Borough; and iii) a written
agreement by the purchaser to be responsible for all cost over-runs
and extras related to the remedial work, together with a written license
to enter upon the property to complete work in case of default of
the contractor referred to above. The Borough Secretary shall determine
when such temporary document certification shall expire. Upon expiration,
the security shall be forfeited and the Borough may use the security
to have the necessary remedial work completed.
A.
A request for a municipal lien or tax certification letter must be
accompanied by a valid document of certification and payment of the
required fees, which shall be delivered to the Borough Secretary at
least seven days before such letters are to be provided. The amount
of the fee for each item shall be established by resolution of the
Council of the Borough of Blawnox.
B.
Where requested by a property owner or his agent and subject to time
availability as determined by the Borough, the Borough may issue municipal
lien and tax certification letters on two days' notice upon the payment
of an expedition fee in addition to the fees set forth above. The
amount of the expedition fee shall be established by resolution of
the Council of the Borough of Blawnox.
The Borough Secretary is hereby empowered to undertake the duties
imposed by this article, including, but not limited to:
The Council of the Borough of Blawnox may, by resolution, change
from time to time the fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the Borough's right to enforce its ordinances or the laws of the commonwealth.
Nothing in this article shall be a defense to any citation issued
by any municipal corporation or the commonwealth pursuant to any other
law or ordinance.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this article. It is hereby declared as the intent of the
Council of the Borough of Blawnox that this article would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Whenever any person violating any of the provisions of this article
is notified of such violation, in writing, by the Borough Secretary,
each day or portion thereof a violation occurs or continues to occur
shall constitute a separate violation.
C.
In addition to and not in lieu of the foregoing, the Borough may
seek equitable and legal relief to compel compliance with this article.
This article shall become effective immediately on or after
its enactment and adoption.
