[Adopted 5-10-2018 by Ord. No. 600]
As used in this article, the following terms shall have the
meanings indicated:
An official statement provided by a licensed and registered
plumber certifying that a private sewer lateral has been inspected
in accordance with this article and is not a line in disrepair, as
defined herein.
The entry by any means of surface or subsurface water other
than sanitary sewage into the sanitary sewer system.
The inspection and testing of private sewer laterals by means
of pressure testing or televising.
PRESSURE TESTINGAn air test of the lines at a pressure of five psi for 15 minutes without any loss of pressure, or a hydrostatic test when no water is lost from a filled service lateral subjected to a minimum of 10 feet of water head for 15 minutes.
TELEVISINGThe visual inspection of sewer lines through the use of electronic video equipment such as closed circuit television.
Any plumber that is licensed and registered in accordance
with the requirements of the Allegheny County Health Department.
Any portion of the sanitary sewer system or a private sewer
lateral that is leaking or structurally defective and allows the inflow
and infiltration of any surface or subsurface water other than sanitary
sewage into the sanitary sewer system.
An official statement provided by the Borough of Blawnox
certifying that the Borough does not have any municipal or tax liens
recorded against certain real property that is to be sold or transferred.
Any person or entity having an ownership interest in real
property located in Borough of Blawnox that is served by a private
sewer lateral connected to the sanitary sewer system that requests
a document of certification in relation to the sale or transfer of
real property.
Any privately owned sewer line connecting real property to
the public sanitary sewer system.
Any person or entity that has purchased or acquired or that
has entered into an agreement to purchase or acquire an ownership
interest in real property located in Blawnox Borough that is served
by a private sewer lateral connected to the sanitary sewer system
and that is required to obtain a document of certification in relation
to the sale or transfer of the real property.
All repairs and/or replacements of private sewer laterals
necessary to remedy leaks or structural defects that allow inflow
and infiltration of any surface or subsurface water other than sanitary
sewage into the sanitary sewer system.
The sale or transfer of any ownership interest in real property
located in Borough of Blawnox that is served by a private sewer lateral
connected to the sanitary sewer system.
Normal water-carried household and toilet wastes that originate
from the sanitary conveniences of a dwelling, business, building,
factory or institution, exclusive of any other surface or subsurface
water, such as storm- or groundwater.
All sanitary sewer lines, facilities and appurtenances necessary
for the collection, conveyance and treatment of sanitary sewage.
An official statement provided by Borough of Blawnox or its
authorized agent certifying that certain requirements of this article
may be temporarily waived to avoid undue delay of the sale or transfer
of real property due to the existence of conditions that make it burdensome
or impractical for an owner-applicant to timely comply with this article.
A temporary document of certification shall include a reasonable deadline
by which the owner-applicant must come into full compliance with this
article.
A.
After the effective date of this article, it shall be unlawful for
any person to sell or purchase real estate or transfer real estate
to another for minor consideration which requires a change in name
on the deed within the Borough of Blawnox on which a building or improvement
exists without first obtaining a document of certification or temporary
document of certification from officers of the Borough of Blawnox.
A deed change is deemed not to have occurred for:
B.
It is also intended that the obligation to repair any defects or
violations run with the land and this obligation binds the purchaser
and their respective heirs and assigns.
A.
No sale or transfer of real property located in Borough of Blawnox
and having a private sewer lateral connected to the sanitary sewer
system shall occur unless a document of certification or a temporary
document of certification is first obtained in accordance with this
article.
B.
Any owner initiating the sale or transfer of real property, or any
purchaser of real property, located within the Borough of Blawnox
shall make application on a form provided by the Borough or its authorized
agent for a document of certification. The application for a document
of certification shall be in writing and at least 30 days prior to
any sale or transfer of real property. The owner-applicant or purchaser
of real property shall then have a plumber, who is registered and
licensed by the Allegheny County Health Department, perform a dye
test of the sewer drainage system on the property to be sold or transferred
and to perform a closed-circuit television inspection of the sewage
lateral.
[Amended 5-11-2022 by Ord. No. 625; 8-9-2023 by Ord. No. 634]
C.
Within 30 days of submitting the application for a document of certification,
the owner-applicant or purchaser of real property shall cause its
plumber to perform the inspection and testing of the private sewer
laterals to identify lines in disrepair. The owner-applicant's and/or
purchaser's plumber shall notify the Borough at least five working
days before the test is made so that the Borough may witness the test.
The Borough shall have the right to approve the test as performed
and/or require that additional tests be made. A video of the inspection
shall be saved to a USB drive and/or CD and submitted to the Borough.
[Amended 5-11-2022 by Ord. No. 625; 8-9-2023 by Ord. No. 634]
D.
All fees and costs pertaining to inspection and testing shall be
the responsibility of the owner-applicant or purchaser of real property.
[Amended 5-11-2022 by Ord. No. 625; 8-9-2023 by Ord. No. 634
E.
If the private sewer lateral passes the inspection and testing process
and is not identified as a line in disrepair the Borough or its authorized
agent shall issue a document of certification.
F.
If conditions exist that render it burdensome or impractical for an owner-applicant to provide timely compliance with this article, then a temporary document of certification may be issued in accordance with § 440-39 of this article.
G.
Where this article may be silent or ambiguous, the Council of the
Borough of Blawnox reserves the right to make the final determination
regarding the issuance of a document of certification.
A.
If the Borough or its authorized agent determines through inspection
and testing that a private sewer lateral is a line in disrepair, no
document of certification may be issued until the line is repaired
in accordance with this article.
B.
It is the responsibility of the owner-applicant and/or purchaser
of real property at his/her/their own expense to undertake the necessary
repairs to comply with this article. All repairs/replacements must
be inspected by the Allegheny County Health Department and the Borough
of Blawnox. Any person repairing, lining or installing a new or replacement
sanitary sewer line shall make application on the proper Borough building
permit form(s). The owner-applicant and/or purchaser of real property
shall then notify the Borough at the time the Allegheny County Health
Department is notified for inspection and again notify the Borough
once inspection by the Allegheny County Health Department is scheduled
so the Borough may attend. The sanitary sewer drainage system shall
be visually inspected, dye tested, and/or camera tested as described
in this article prior to backfill.
[Amended 5-11-2022 by Ord. No. 625; 8-9-2023 by Ord. No. 634]
C.
After all repairs have been made, the owner-applicant and/or purchaser
of real property shall contact the Borough or its authorized agent
to request reinspection and testing at the owner's and/or purchaser's
expense.
[Amended 8-9-2023 by Ord. No. 634]
D.
If during inspection and testing a leak or structural defect is found
in a portion of the sanitary sewer system that is not owned by the
applicant, the required repairs shall be the responsibility of the
entity or individual owning or in charge of the portion of line in
disrepair at no expense or undue delay to the said applicant.
E.
In the event that the owner-applicant and/or purchaser of real property
does not agree with the findings of its plumber and/or determination
of the Borough representative with regard to the inspection and testing
of a private sewer lateral, he/she/they may request that the findings
be reviewed by the Council of the Borough of Blawnox. The sole grounds
for the review of failed inspection and testing shall be whether the
findings of the inspection and testing are appropriate and whether
the amount and type of work ordered to be completed is appropriate.
The Borough Council may allow the owner-applicant and/or purchaser
of real property at his/her/their expense to engage a licensed and
registered plumber to conduct the required inspection and testing
and provide a second opinion for consideration.
[Amended 5-11-2022 by Ord. No. 625; 8-9-2023 by Ord. No. 634]
A.
If conditions exist that render it burdensome or impractical for
an owner-applicant to timely comply with this article prior to the
sale or transfer of real property, then a temporary document of certification
may be issued by the Borough or its authorized agent and the requirements
of this article may be temporarily waived to avoid undue delay of
the sale or transfer of real property. Such conditions may include,
but not be limited to, weather or the availability of personnel to
conduct inspections and testing.
B.
A temporary document of certification shall be valid for 180 days
from its date of issuance and the owner-applicant and/or purchaser
of real property must perform the necessary repairs to obtain a document
of certification prior to the expiration of the temporary document
of certification to avoid penalties under this article.
C.
Prior to the issuance of temporary document of certification of the
owner-applicant or purchaser of real property must submit a repair
estimate generated by a qualified contractor and must provide the
Borough with evidence of funds in the amount of 110% of the repair
price being held in an escrow account as a part of closing as a guarantee
that the necessary repairs to obtain a document of certification will
be performed by the subsequent owner.
[Amended 5-11-2022 by Ord. No. 625]
D.
Prior to the issuance of a temporary document of certification, the
owner-applicant and purchaser of real property must submit to the
Borough a duly signed and authorized license granting the Borough,
its agent, or any third party the Borough deems necessary the right
and power to enter upon the property for the purpose of inspection
and testing to conduct the necessary repairs to obtain a document
of certification. Such third parties shall include, but not be limited
to, contractors engaged by the Borough, owner-applicant, or purchaser
of real property for the purpose of obtaining compliance with this
article.
E.
The failure of an owner-applicant or purchaser of real property to
perform the necessary repairs to obtain a document of certification
prior to the expiration of a temporary document of certification is
a violation of this article, whereby the Borough shall be authorized
to use the deposit monies to make the necessary repairs and to offset
any fines issued pursuant to this article.
A.
The total coast of all inspections and testing shall be borne by
the owner-applicant or purchaser of real property if the owner-applicant
and purchaser agree.
[Amended 5-11-2022 by Ord. No. 625[1]]
B.
No document of certification or temporary document of certification
shall be issued by the Borough or its authorized agent until all fees
and costs are paid.
C.
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 11-12-2020 by Ord. No. 612]
The following are exempt from the requirements of this article:
A.
Real property which is not served by the public sanitary sewer system.
B.
New homes that have been constructed in accordance with applicable
building codes and which have not been formerly occupied.
C.
The transfer of property between spouses.
D.
Instances of refinancing or the assignment of mortgages.
E.
Real property being sold or transferred that has undergone inspection
and testing in accordance with this article within two years of the
current sale date unless there is reasonable cause for concern or
suspicion of a problem as determined at the discretion of the Borough
or its authorized agent.
A.
The sewer drainage system is the property of the property owner from
the structure to the connection, including the wye at the public sewer
line. Any separation, break, root infiltration, crack, breech, break
in tap, failed wye, or other such defect noted by the Borough during
inspection will require the replacement of the entire sewer drainage
line from the structure to the connection at the public sewer line,
including the wye if required. If sags or bellies in the sewer drainage
line prohibit adequate inspection, the line must be flushed prior
to the continuation of the inspection. The owner has up to 180 days
from the date of inspection to correct any deficiencies, whether or
not the property has been sold or transferred.
B.
In addition to the foregoing, the Borough may also require the replacement
or repair of any of the following that come to the attention of the
Borough through any means whatsoever: a defect in a sewer drainage
system; an illegal storm or surface water connection; or a malfunctioning
sewer drainage system. In such a case, the Borough will notify the
property owner of the defect or other problem and will give the property
owner up to 180 days from the date of the notice to correct such defect
or other problem. The procedures in this article for the repair or
replacement of a deficiency discovered as a result of a dye test shall
be followed with respect to any such defect or other problem.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Borough reserves the right to charge to the plumber a reasonable
unnecessary inspection/test fee if the Borough is called for a test
or inspection and the plumber is not prepared. The fee shall be as
set from time to time by resolution of the Borough Council.
Nothing in this article shall limit, in any fashion whatsoever,
the Borough's right to enforce any ordinance or law of the Borough
of Blawnox, County of Allegheny or Commonwealth of Pennsylvania. Nothing
in this article shall be a defense of any citation issued by any municipal
corporation or the commonwealth pursuant to any other law or ordinance.
Any ordinance or resolution or part of an ordinance or resolution
in conflict herewith is hereby repealed.
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, sections
or parts of this article. It is hereby declared as the intent of the
Borough Council that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This article shall become effective 30 days from the date of
adoption.
