This Part may be known and cited as the "Dye Testing Ordinance."
The following terms used in this Part shall have the following
meanings:
BOROUGH
The Borough of Homestead, Allegheny County, Pennsylvania.
BOROUGH LIEN LETTER
A written letter from the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
CERTIFICATE OF COMPLIANCE
An official writing issued by the Borough that dye testing
has determined that there are no illegal connections in violation
of this Part.
DYE TEST
Any dye test performed by a registered plumber whereby dye
is introduced into the water collection system of a property to determine
whether basement seepage, groundwater, downspout drainage, roof drainage,
driveway drainage, or other surface water drainage is entering the
sanitary sewer system.
ILLEGAL CONNECTIONS
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
PERSON
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.
PROPERTY
Real property located within the Borough upon which a building
or improvements exist.
Illegal connections are prohibited.
Persons owning property are required to maintain all private
sanitary sewer laterals and sanitary sewer service connections in
good repair.
It is unlawful for any person to sell property without first
delivering to the purchaser a certificate of compliance or temporary
certificate of compliance. For purposes of this Part, a "sale of property"
shall include any conveyance or transfer whereby title is transferred
from one person to another, but shall not include:
1. A refinancing
where the holder of title remains unchanged, or
2. A transfer
of title by operation of law following the death of the owner.
[Amended at time of adoption of Code (see AO)]
A request for lien letter must be accompanied by a valid certificate
of compliance and the lien letter fee, all of which shall be delivered
to the Borough 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 Borough 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 a fee as set from time to time by the Borough
Council for a lien letter with an additional charge if a request for
expediting the letter is made.
The fees set forth in this Part may be changed from time to
time by resolution of the Borough Council.
Nothing in this Part shall limit in any fashion whatsoever the
Borough's right to enforce its ordinances or the laws of the Commonwealth.
Nothing in this Part shall be 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 refuse access to property for
purposes of dye testing, to issue or obtain false dye testing results,
or to procure a 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.