No sump pump or other device which discharges drainage resulting
from rainwater, springs, wells, or other ground water, including but
not limited to downspouts, shall be connected to the Borough sanitary
sewer system.
Inspection and Certificate Required Upon Sale, Lease, Rental, or Change in Occupancy. No owner shall sell, lease, rent or otherwise permit occupancy or change in occupancy for residential or nonresidential purposes of any building in the Borough without first obtaining from the Borough Building Department a certificate stating that no sump pump or other device which discharges drainage resulting from rainwater, springs, wells or other ground water is connected to the sanitary sewer system in violation of § 31-1101 of this article. No purchaser shall purchase property unless the seller has obtained the required certificate of sump pump compliance prior to closing and no tenant or lessee shall occupy premises unless the owner or landlord has obtained the required certificate of sump pump compliance prior to such occupancy.
Application for Certificate Upon Sale, Lease, Rental, or Change in
Occupancy. Procedures: Fee. Certificates of sump pump compliance shall
be issued in accordance with the following procedures:
Application Fee. Applications for certificates of sump pump compliance
upon sale, lease, rental, or change in occupancy shall be filed with
the Borough Building Department by the seller of the property or the
landlord as the case may be. Said application must be filed at least
10 days prior to the change in ownership and/or occupancy. Applications
shall be submitted on the form supplied by the Building Department
and shall be accompanied by a fee in the amount of $25.
Inspection. Upon receipt of a completed application for certificate
upon sale, lease, rental, or change in occupancy, the Borough Zoning
Officer or his inspector shall, conduct an inspection of the property
to determine compliance with the standards set forth in this article.
Notice of Violation; Time to Remediate: If a violation is discovered
during the inspection, the property owner shall be mailed a notice
of violation within five business days of the inspection which shall
clearly describe the violation and the remedial action needed for
compliance, and which shall provide 21 calendar days for the sump
pump connection to be brought into compliance.
Penalties for Failure to Obtain Certificate or to Timely Remediate Violation. Any person who fails to apply for and obtain a certificate of sump pump compliance as required by this article shall be subject to the penalties set forth in this article. Any person who timely applies for a certificate, is found to be in violation, and fails to remediate the violation within 21 calendar days, shall be subject to the penalties set forth in § 31-1104 of this article. If a seller of a property fails to comply with this or any section of this article, the seller and the new owner after the sale will be jointly and severally responsible for said compliance and all resulting penalties.
Inspection and Certificate Required Upon the Borough Engineer or
Director of Public Works Certifying that There Is Substantial Evidence
of an Illicit Connection to the Sanitary Sewer System. If at any time
the Borough Engineer or Director of Public Works believes there is
substantial evidence that a sump pump (or other device which discharges
drainage resulting from rainwater, springs, wells, or other ground
water, including but not limited to downspouts) has been connected
be connected to the Borough sanitary sewer system, the Borough Engineer
or Director of Public Works shall provide a certification to the Borough
Administrator that such evidence exists, upon which the Borough Administrator
shall direct that the property in question be subject to immediate
Inspection by the Zoning Officer.
Notice of Inspection. Upon the filing of the Certification referenced in § 31-1102b above, the Zoning Officer or designee shall cause a notice to be sent via certified mail to the property address in question, and to the registered owner of said property on the Borough tax records, giving notice of inspection to take place at any time after seven days from the mailing of said notice of inspection.
Inspection. At any date seven or more days after the notice of inspection
has been mailed, the Borough Zoning Officer or designee or the Borough
Housing Official or their designee shall conduct an inspection of
the property to determine compliance with the standards set forth
in this article, and shall make an inspection report thereon, favorable
or otherwise, within five days after completing the inspection, which
will be sent via regular mail and certified mail to the property owner.
If the inspection was satisfactory, a certificate of sump pump compliance
shall be issued, and shall be enclosed with the mailed inspection
report.
Notice of Violation; Time to Remediate. If a violation is discovered
during the inspection, the property owner shall within five business
days of the inspection be sent a notice of violation via regular mail
and certified mail or signed by the owner, landlord or agent of the
record property identifying receipt of notice, which shall clearly
describe the violation and the remedial action needed for compliance,
and which shall provide 14 calendar days, for the sump pump connection
to be brought into compliance, and for the Department of Code Enforcement
to be notified of compliance, upon which a re-inspection of the property
shall take place.
Penalties for Failure to Timely Remediate Violation and Obtain Certificate of Compliance. Any person who fails to remedy a violation and obtain a certificate of sump pump compliance within 14 days as set forth in the preceding subsection, such person shall be subject to the penalties set forth in this article. Any person who timely applies for a certificate, is found to be in violation, and fails to remediate the violation within 14 calendar days, shall be subject to the penalties set forth in § 31-1104 of this article.
The Borough reserves the right to use whatever tests are available
to determine the existence of illicit connections to the Borough sanitary
sewer system. The Borough also reserves the right to inspect properties
in order to enforce these prohibitions. If tests or inspections are
conducted which might cause some inconvenience or discomfort if an
illicit connection exists, it shall be recognized that any such inconvenience
or discomfort, or other effect of the test or inspection, is of less
value and importance than the effects of such illicit connection on
the health, comfort and welfare of the residents of the Borough and,
consequently, there shall be no cause for action against the Borough
in law or in equity.
No person shall obstruct, hinder, delay or interfere with by force
or otherwise, the Director of Public Works, the Borough Zoning Officer,
or their designees in their exercise of any power or discharge of
any function or duty under the provisions of this article.
No person shall provide, utter or render any false statement, false
report, false document, false plans, or false specifications to the,
the Borough Zoning Officer, or their designees to obstruct, hinder,
delay or interfere with the provisions of this article.
Any owner of a property found to have violated this article or to
have caused, constructed, installed, permitted the construction or
installation of an illicit connection to the sanitary sewer system
of any sump pump or other device which discharges drainage resulting
from rainwater, springs, wells, or other ground water, including but
not limited to downspouts, shall be subject to the fines and penalties
set forth in this section.
The minimum fine shall be $100 per day for each violation, and an
additional $100 per day for each day that an unlawful discharge continues,
beyond the time limit provided for remediation in the notice of violation
served by the Borough pursuant to § 31-1102a4 or b3 of this
article. Each day a violation continues beyond the time limit to remediate
shall be deemed a separate offense, and each day in which a notice
of violation continues to be unabated shall constitute an additional
$100 a day penalty until the violation(s) has been abated.
In addition, any person who makes or causes such discharges or constructs
or permits any illicit connection shall be liable to the Borough for
expense, loss or damage incurred by the Borough as a result of such
violation.
Lien to Be Placed on the Property. All charges, prices, costs, expenses,
rents, interest or penalties, or any of them, as established herein,
shall be and remain a lien attaching to the property, the same as
all other taxes and municipal charges upon real estate under the laws
of the State of New Jersey, for the collection of taxes and other
municipal liens upon real estate.
Penalties for Continuing Violations. Upon any repeated violation
of any section of this article, the Borough reserves the right to
bring charges against the violator in municipal court, asking the
court to impose any penalties authorized by N.J.S.A. 40:49-5, including
but not limited to one or more of the following: imprisonment in the
county jail or in any place provided by the municipality for the detention
of prisoners, for any term not exceeding 90 days; or by a fine not
exceeding $2,000; or by a period of community service not exceeding
90 days. The court before which any person is convicted of violating
any ordinance of a municipality shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum set forth in this article.