[Adopted 9-12-2002 by Ord. No. 1137 (Ch.
212, Art. IX, of the 1999 Code)]
This Part shall be known as the "Sewer Lateral
Repair Ordinance."
As used in this Part, the following terms shall
have the meanings indicated:
The Borough of Homestead, Allegheny County, Pennsylvania.
An official letter issued by the Borough certifying that
property is free from municipal liens resulting from violations of
this Part.
An official writing issued by the Borough pursuant to § 18-705 of this Part evidencing compliance with the requirements of this Part.
The Borough official designated by the Borough Council or
the Borough Manager to be responsible for administering and enforcing
this Part.
A lateral that permits inflows of stormwater, surface water
and/or other nonsanitary discharges into the Borough's sanitary sewer
system.
A sewer pipe connecting sanitary facilities on a property
to the Borough's sanitary sewer system.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or entity recognized by law as the
subject of rights and duties. The singular shall include the plural.
Any person who acquires title to property from another person
through a sale. The term "purchasing party" includes any person who
jointly owns property, whether as a tenant in common, joint tenant
with right of survivorship or tenant by the entireties, and who acquires
a greater ownership interest through a sale. The singular shall include
the plural.
Real property located within the Borough upon which a building
or any other improvement exists, whether commercial, residential or
otherwise.
Eliminating inflows of stormwater, surface water and other
nonsanitary discharges into the Borough's sanitary sewer system.
Any sale, conveyance, exchange, devise or any type of disposition
or transfer of property, including sales at and below fair market
value, gifts, exchanges pursuant to Internal Revenue Code §§ 1031,
1032 and 1041, as amended, purchases at a Sheriff's sales, Treasurer's
sale or estate sale, and any other transaction in which there is transfer
of title. For purposes of this Part, the term "sale" shall not include
a refinancing whereby the holder of title remains unchanged.
Any person who transfers title to property to another person
through a sale. The term "selling party" includes any person who alone
or jointly owns property, whether as a fee simple owner, tenant in
common, joint tenant with right of survivorship or tenant by the entireties,
and who divests part of its ownership interest through a sale. The
singular shall include the plural.
An official writing issued by the Borough pursuant to § 18-706 of this Part.
1.
Defective laterals
are unlawful. Upon discovery of a defective lateral, the Borough shall
notify the owner of the property to repair the defective lateral.
If the owner fails to complete the repair within 90 days, the Borough
may, at its option, repair the defective lateral, or cause it to be
repaired, or commence a legal proceeding to compel the owner to repair
the defective lateral. The Borough may place a lien on the property
for all excavation and repair expenses incurred. The lien may also
include all legal fees and other costs incurred in seeking compliance
with this Part, as permitted by law or ordinance.
2.
Except as provided by § 18-707 of this Part, it is unlawful for a selling party to sell property without delivering to the purchasing party a certificate of compliance from the Borough prior to the closing of the sale.
3.
Except as provided by § 18-707 of this Part, it is unlawful for a purchasing party to acquire title to property through a sale without obtaining from the selling party a certificate of compliance prior to the closing of the sale.
4.
Except as provided by § 18-707 of this Part, the purchasing and selling parties shall be jointly and severally liable for violations of this Part. This joint and several liability shall include, but not be limited to, all costs incurred by the Borough, its agents and/or contractors in excavating and repairing a defective lateral.
1.
Within 60 days
prior to closing of the sale of property, either the selling or purchasing
party shall cause the lateral serving the property to be inspected
to determine whether there is a defective lateral.
2.
This inspection
shall be performed by a plumber or other professional certified and
qualified to perform such testing. It shall be the sole discretion
of the compliance officer to determine whether the plumber or certified
professional is qualified to perform such testing.
3.
The Borough compliance
officer may, upon written application and for good cause, increase
the time period within which the selling and/or purchasing parties
shall cause the lateral to be inspected for defects.
4.
If the inspection
reveals a defective lateral, the purchasing and selling parties shall
repair the lateral prior to the closing of the sale.
5.
If the purchasing
and/or selling party fails to make the repairs required by this Part,
the Borough may commence a legal proceeding to compel repair of the
defective lateral or the Borough may repair the defective lateral
or cause it to be repaired. The Borough may place a lien on the property
for all excavation and repair expenses incurred. The lien may also
include all legal fees and other costs incurred in seeking compliance
with this Part, as permitted by law or ordinance.
[Amended at time of adoption of Code (see AO)]
Upon written application to the compliance officer, signed by the plumber or other professional who performed the inspection required by § 18-704 of this Part evidencing compliance with this Part and the payment of a processing fee as set from time to time by the Borough Council, the compliance officer shall issue to the applicant a certificate of compliance. A certificate of compliance shall be issued when the applicant presents evidence that the lateral serving the property to be sold is not a defective lateral. The compliance officer shall issue the certificate of compliance within five business days of the applicant submitting sufficient evidence and the processing fee.
1.
When a defective
lateral is discovered and activities necessary to repair the defects
would require such a length of time as to create a practical hardship
for the selling and/or purchasing parties, either party may apply
to the compliance officer for a temporary certificate of compliance,
which may be issued only when applicant provides all of the following:
A.
A verified,
written explanation of the practical hardship.
B.
Cash security
in the amount of $1,000.
C.
An easement
or other license executed by the purchasing party allowing the Borough
to enter upon the property and complete the work in the event the
defective lateral is not repaired within the time period specified
in the temporary certificate of compliance.
D.
Address(es)
where the Borough can mail notice of the temporary certificate of
compliance expiration date.
2.
The compliance
officer shall determine in good faith based upon all the circumstances
when such temporary certificate shall issue and expire and shall notify
the selling and purchasing parties of the expiration date. If the
temporary certificate of compliance should expire without all work
having been completed, the cash security shall be forfeited to the
Borough, and the Borough may apply the cash security to complete the
necessary work. If the remedial work is completed prior to the expiration
date, the Borough shall return the cash security to the applicant
or to the applicant's designee.
3.
When the selling
party or purchasing party is an estate, undue delay in closing the
estate may constitute a practical hardship.
In the event title to the property is conveyed
by a Sheriff's or Treasurer's sale, the governmental body conducting
the sale shall be exempt from the requirements of this Part. The purchasing
party shall have 60 days subsequent to closing of the property by
Sheriff's or Treasurer's sale within which to obtain a certificate
of compliance or a temporary certificate of compliance.
Upon written application, the compliance officer
shall exempt the purchasing party and the selling party from the requirements
of this Part upon proof that the requirements of this Part were satisfied
within the ten-year period prior to the date the application is made.
The fees set forth in this Part may be changed
from time to time by resolution of the Borough Council.
[Amended at time of adoption of Code (see AO)]
A request for a Borough lien letter must be
accompanied by a valid certificate of compliance and a fee as set
from time to time by the Borough Council for a lien letter, all of
which shall be delivered to the compliance officer at least seven
business days prior to the day the lien letter is to be provided.
Upon the request of a property owner or his/her agent and subject
to time availability as determined by the compliance officer in good
faith based upon all the circumstances, the Borough may issue an expedited
Borough lien letter on two business days' notice upon the payment
of an additional charge as set by Borough Council from time to time.
Nothing in this Part shall limit in any fashion
whatsoever the Borough's power to enforce its ordinances or the laws
of the commonwealth. Nothing in this Part shall constitute a defense
to any citation issued by any municipal corporation or the commonwealth
pursuant to any law or ordinance.
[Amended at time of adoption of Code (see AO)]
It is unlawful for any person to issue or obtain
false lateral inspection results or to procure a certificate of compliance
or temporary certificate of compliance under false pretenses. Any
person who violates or permits a violation of this Part 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 Part 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 Part in equity in the Court
of Common Pleas of Allegheny County.
