[Adopted 5-10-2018 by Ord. No. 600]
As used in this article, the following terms shall have the meanings indicated:
DOCUMENT OF CERTIFICATION
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.
INFLOW AND INFILTRATION
The entry by any means of surface or subsurface water other than sanitary sewage into the sanitary sewer system.
INSPECTION AND TESTING
The inspection and testing of private sewer laterals by means of pressure testing or televising.
A. 
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.
B. 
TELEVISINGThe visual inspection of sewer lines through the use of electronic video equipment such as closed circuit television.
LICENSED AND REGISTER PLUMBER
Any plumber that is licensed and registered in accordance with the requirements of the Allegheny County Health Department.
LINE IN DISREPAIR
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.
NO LIEN LETTER
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.
OWNER-APPLICANT
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.
PRIVATE SEWER LATERAL
Any privately owned sewer line connecting real property to the public sanitary sewer system.
PURCHASER OF REAL PROPERTY
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.
REPAIRS
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.
SALE OR TRANSFER OF REAL PROPERTY
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.
SANITARY SEWAGE
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.
SANITARY SEWER SYSTEM
All sanitary sewer lines, facilities and appurtenances necessary for the collection, conveyance and treatment of sanitary sewage.
TEMPORARY DOCUMENT OF CERTIFICATION
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:
(1) 
The sale or transfer of real estate between spouses in the event of marriage, divorce or death; and
(2) 
The transfer of real estate into a trust in which the current owner(s) is exclusively named as a beneficiary.
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 Borough shall not issue a no lien letter requested in relation to the sale or transfer of real property within the scope of this article until a document of certification is first obtained, except in accordance with Subsection B of this section.
B. 
The Borough may issue a no lien letter if the owner-applicant obtains a temporary document of certification in accordance with § 440-39 of this article to guarantee the performance of necessary repairs.
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]]
[1]
Editor's Note: This ordinance also repealed former Subsections B and C, regarding inspection and testing fees, as amended, and redesignated former Subsections D and E as Subsections B and C, respectively.
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.