[Adopted 9-13-2018 by Ord. No. 6-2018]
As used in this article, the following terms shall have the
meanings indicated:
A process whereby a camera is placed into, run through and
video records the inside of a sewer lateral to detect leaks or other
deficiencies.
A sewer system which carries a combination of sewage and
stormwater and is maintained and operated by the City of Monessen.
An official written statement issued by the City that it
has on file a written certification from a Westmoreland County registered
plumber that there are no illegal storm-, surface or subsurface water
connections into the sanitary sewer system, such as roof drains, downspouts,
foundation drains, yard drains or driveway drains, and no blocked
drains, and that the lateral passed inspection on the property to
be sold or transferred.
The discharge of basement seepage or groundwater or other
subsurface water, or the connection of downspouts, roof drainage,
foundation drains, yard drains, driveway drains, or other connections
conveying surface drainage into the sanitary sewer system.
A temporary statement from the City or the Authority issued pursuant to the terms of § 317-18.
The sale, transfer or conveyance of any interest in real
property; provided, however, that refinancing of real property, without
a conveyance, is not a sale or conveyance under this article.
A system of pipes which carries sewage exclusively and is
owned and operated by the City of Monessen and/or the Mon Valley Sewage
Authority.
The sewer line or lateral connecting the structure served
to the sanitary sewer system for the entire distance from the structure
to the point in the road right-of-way or sewer easement where a connection
to the sewer main is available.
A.
This section applies only to those properties in the City of Monessen
that are connected to an exclusively sewage sanitary sewer on streets
identified as MS4 streets in Appendix A of the MS4 Illicit Discharge
Detection and Elimination Ordinance[1] and any other sewer in the City that is used exclusively
for sewage.
B.
Sale or conveyance of property connected to the sanitary sewer system
without evidence of compliance is prohibited. It shall be unlawful
for any person to sell or transfer real property more than three years
from the date of any approved dye test and/or any approved sewer lateral
inspection, within the City of Monessen, on which a building or improvement
exists, without first having a dye test and sewer lateral inspection
performed by a registered plumber and then delivering to the purchaser
evidence of compliance or interim evidence of compliance issued by
the City. Further, it shall be unlawful for any person, firm, or corporation
to occupy or reoccupy all or part of a commercial or industrial structure,
located within the City, that has been closed for in excess of 90
days for which there will be a change in the use of occupancy without
first having a dye test performed and lateral inspected by a licensed
plumber and then attaining evidence of compliance or interim evidence
of compliance issued by the City pursuant to the procedure contained
in this article.
C.
Procedure for evidence of compliance. Any person intending to sell
or transfer real property connected to the sanitary sewer system located
within the City of Monessen more than three years after the date of
an approved dye test and/or after the date of an approved sewer lateral
inspection shall make application for evidence of compliance on a
form furnished by the City at least 20 days before the date of sale
or transfer. The applicant shall then have a registered plumber perform
a dye test and a lateral inspection at the property to be sold or
conveyed. The plumber shall complete the appropriate portions of the
form certifying that the property has been dye-tested and the lateral
has been inspected and shall certify the results of such test and/or
inspection.
D.
Testing.
(1)
Testing and any necessary disconnection, replacement or repair must
be performed at the owner's expense by a registered plumber.
(2)
It is required that connections be tested in the following manner:
(a)
A basic property inspection of roof leaders, driveway drains,
stairwell drains, sump pumps, and all other area drains. If the discharge
point of these drains is not evident, the plumber shall insert dye
or smoke into the suspected drain, roof leader or sump pump to determine
the ultimate discharge point. Should an illegal connection be confirmed,
or blocked drain discovered, the test shall be deemed as a fail, and
the illegal connection(s) must be removed and rerouted and/or the
blocked drain cleared immediately.
(b)
Property sump pumps will be operated with dye-colored water
to verify discharge location. The test shall be considered a failure
if the water enters the sanitary sewer system, and the discharge pipe
must be removed and rerouted immediately.
(3)
If there are no illegal stormwater, surface water or subsurface water
connections, or blocked drains, and if the lateral test is passed,
the City shall issue evidence of compliance.
(4)
If the dye test reveals the existence of an illegal stormwater, surface
water or subsurface water connection, blocked drain, or if the lateral
fails to pass the inspection, no evidence of compliance will be issued
until the illegal connections are removed, and/or the blocked drain
is cleared, and/or the lateral is replaced or relined and certification
of such removal and such relining or replacement by a registered plumber
is received.
E.
When lateral inspection cannot be performed due to weather conditions, or cannot be performed prior to a scheduled closing, or where a lateral fails testing and the necessary remedial activities would require a length of time such as to create a hardship for the applicant, the applicant may seek temporary approval under § 317-19E below.
F.
Interim evidence of compliance.
(1)
Interim evidence of compliance may be issued at the City's sole
discretion upon application to the City when either:
(a)
The applicant demonstrates that testing cannot be performed
because of weather conditions; or
(b)
When an illegal surface stormwater connection and/or blocked
drain is discovered and/or the lateral fails the inspection test and
the necessary remedial activities to correct such connection are so
complex and time-consuming that they create a practical hardship for
the applicant.
(2)
Requirements for applicant to obtain interim evidence of compliance.
(a)
The applicant shall provide the City with security in the form
of a certified check in the amount of $750, or other such amount as
the City or Authority may set from time to time by resolution, to
guarantee that a dye test and lateral inspection will be performed.
The applicant or a purchaser of the improved property will cause the
dye test and lateral inspection to be performed within 14 days following
written notification from the City. The notification will be given
when the City determines, in its sole discretion, that weather conditions
make the dye test and lateral inspection possible.
(b)
The applicant shall provide the City with a signed written agreement
with the purchaser, in a form provided by the City, in which the purchaser
agrees to conduct the dye test and lateral inspection to correct,
at the purchase's sole expense, any violations discovered as
a result of the dye test and/or lateral inspection. Nothing in this
section shall prohibit any purchaser from requiring the applicant
to reimburse the purchaser for any cost incurred.
(c)
Interim evidence of compliance may be issued only when the applicant
provides the City with an executed contract between the applicant
or the purchaser and a registered plumber requiring the plumber to
conduct the dye test and lateral inspection, and/or complete the necessary
remedial work, and granting the City the legal power to enforce the
contract, and a license granted by the applicant and purchaser for
the City to enter upon the improved property to complete the work
in case of default by the parties, and a certified check in the amount
of said contract posted as security with the City. Any required remedial
work must be completed and certified by a registered plumber.
(d)
Interim evidence of compliance shall expire six months from
the date of issuance. The applicant and the purchaser shall be advised
of the expiration of the interim evidence of compliance, the security
shall be forfeited, and the municipality may use this security to
have the necessary testing and/or remedial work completed and pursue
any other remedies or penalties pursuant to this article. The City
Clerk, in his/her sole discretion, may extend the interim evidence
of compliance for one additional six-month period.
G.
All costs incurred by the City for correction of any illegal surface
stormwater connection and/or blocked drain and/or failed lateral inspection
shall be a municipal lien on the improved property and collectible
pursuant to applicable law, and no agreement between the applicant
and the purchaser shall affect the City's enforcement powers
or excuse the applicant or purchaser of the improved property from
performance of its obligations.
H.
Promulgation of forms. The City shall establish the form of applications,
applicant/purchaser of agreements and plumber certifications for the
operation and enforcement of this section.
I.
Valid evidence of compliance shall expire three years following the
date of issuance of the evidence of the compliance. If any additions
to the improved property are made within the three-year period, certification
that the addition has no illegal surface stormwater connections, no
blocked drains, and the lateral passed inspection shall be provided
by a registered plumber to the City.
J.
K.
Penalties.
(1)
Any person violating the provisions of this section shall, upon conviction,
be punished by a fine not to exceed the sum of $500 for each offense,
recoverable with costs. Each day a violation is continued shall constitute
a separate offense.
(2)
In addition to the penalties and other remedies provided herein,
any condition caused or permitted to exist in violation of any of
the provisions of this article will be deemed a public nuisance and
may be abated by the municipality with the cost of such abatement
charged to the person or entity owning the property upon which such
condition may exist. Such cost will be collected for the use of the
City as provided by law, including, without limitation, by a municipal
claim or lien.
(3)
The City shall file a lien against such property for the expense
incurred by the City to perform the work, plus 6% interest per annum,
plus a penalty of 5% of the amount due, which lien shall remain in
effect until payment in full or sale of the property occurs, which
lien shall also include all City legal fees and costs incurred in
connection with such lien.
(4)
In addition to the enforcement provisions set forth herein, the City
may institute an appropriate action or proceeding at law or in equity
against the person responsible for violation of any of the provisions
of this article and request either or both of the following remedies:
L.
Effective date. This section shall take effect on the effectiveness
date of this article or otherwise as provided by law.
The following standards shall govern sewer lateral inspection
and replacement/repair:
A.
Testing procedures.
(1)
The property owner shall submit an application on the City provided
form and make payment of fees associated with the lateral testing
at least 20 days prior to the date of sale.
(2)
All testing shall be on a pass-fail basis. If the lateral fails,
then the entire lateral shall be replaced or relined.
B.
Lateral testing.
(1)
Testing and any necessary replacement or repair must be performed
at the owner's expense by a registered plumber certified through
the National Association of Sewer Service Companies NASSCO Lateral
Assessment and Certification Program and thoroughly knowledgeable
with the NASSCO Pipeline Assessment and Condition Grading System.
(2)
It is required that laterals be tested in the following manner:
(a)
A camera shall be inserted into the lateral through a cleanout,
inside floor drain, or excavation. The pipe shall be evaluated in
accordance with the NASSCO Condition Grading System. Any lateral that
has a structural defect rating of three or higher, shows signs of
any infiltration, or has roots present shall require complete replacement
or rehabilitation. Other deficiencies observed but not listed herein,
as determined by the City and at its discretion, may constitute a
failure also.
(b)
If it is necessary to excavate an access point for the camera
insertion, the plumber, at the owner's expense, shall install
a cleanout at this location to facilitate future maintenance of the
lateral. The cleanout shall be provided with a cast-iron frame and
cover in paved areas and other areas subject to vehicular traffic.
(3)
The City reserve the right to reject any tests or test results which
it determines to be inconclusive or inaccurate. If this is the case,
the City may require further testing at the property owner's
expense.
(4)
Foundation drains connected into the sanitary sewer lateral are illegal
connections. The City reserves the right to require further testing
if it is suspected that the building foundation drain is connected
to the sanitary sewer.
C.
Lateral replacement/rehabilitation.
(1)
All tests must be performed by a registered plumber and shall be on a pass/fail basis. Failure shall require complete replacement or cured-in-place lining of the entire lateral from the house trap to the tap-in with the main sewer line, subject to the option for one spot repair set forth at § 317-19, Subsection A1(2), above.[1]
[1]
Editor's Note: So in original.
(2)
The property owner is required to replace or reline the entire lateral
at his or her own expense.
(3)
All work must be completed within 60 days of notification of failure,
unless otherwise extended by the City.
(4)
Cure-in-place liners must be televised after installation. A copy
of the post-lining CCTV video in DVD format shall be provided to the
City for inspection.
D.
Lateral testing exemptions.
(1)
Laterals that are less than three years old, are constructed of polyvinyl
chloride (PVC), and were inspected by the City are exempt from the
lateral testing requirements.
(2)
Properties that have passed lateral testing shall be exempt from
further camera testing for a period of three years.
(3)
Lateral tests are valid for a period of three years.
E.
Temporary approval.
(1)
When testing cannot be performed due to weather conditions, the property
owner shall provide the City with security in the amount of $5,000
to guarantee that the appropriate test will be performed. In addition,
the property owner shall provide a signed written acknowledgement
from the purchaser of the property, agreeing to correct, at the said
purchaser's sole expense, any violations/defects that may be
discovered as the result of the lateral testing.
(2)
The lateral testing shall be performed as soon as possible at such
time as weather conditions make testing possible.
(3)
In cases where it is determined by the City that lateral testing
cannot be performed prior to a scheduled closing between a purchaser
and a seller, the purchaser may apply for an interim evidence of compliance,
upon the written agreement to escrow from the real estate closing
the sum of $5,000 in favor of the City, which funds are to be used
to perform the required testing and, if necessary, to correct any
and all lateral testing failures found as a result of inspection.
In the event there is a balance left in the escrow account after the
corrections have been completed, the same shall be refunded from the
escrow agent to the purchaser. In the event there is a shortage of
funds, the seller shall be required to make up the difference in costs
for said corrections. The City may reject or approve such an application
as it deems necessary after a preliminary visual investigation of
the property in question.
(4)
When a lateral fails the testing and the necessary remedial activities
to correct said failures would require a length of time such as to
create a practical hardship for the applicant, the applicant may apply
to the City for temporary approval, which may only be issued when
the applicant provides the City with all the following:
(a)
A bona fide executed contract between the applicant and a registered
plumber to complete the necessary remedial work with the City listed
therein as a third-party beneficiary;
(b)
Security in the amount of said contract as posted with the City;
(c)
An agreement by the purchaser to be responsible for all cost
overruns related to the remedial work, together with a license to
the City to enter upon the property to complete work in case of default
by the contractor. The City shall determine when such temporary approval
shall expire, at which time the security shall be forfeited. The City
shall use the security to have the necessary work completed.
