[Adopted 6-11-2003 by Ord. No. 277]
After the effective date of this article, it shall be unlawful
for any person to sell real estate within the Borough of West Leechburg
on which a building or improvement exists, without first delivering
unto the purchaser a document of certification or temporary document
of certification from the proper officers of the Borough of West Leechburg.
As used in this article, the following terms shall have the
meanings indicated:
Any individual who is approved by the Borough of West Leechburg
to conduct any and all inspections required under this article. The
individuals designated by the Borough shall be appointed and approved
by the Borough Council from time to time and a list of the designated
individuals will be made available to the public.
An official statement from the proper officer of the Borough
of West Leechburg stating that there are no known illegal stormwater
or surface water connections into the sanitary sewer on the specific
property which is being sold.
Includes but is not limited to the discharge of groundwater
or surface water or the connection of downspouts, roof drainage, surface
areaway drainage, or foundation or basement drainage into the sanitary
sewer systems.
A written letter from the property official of the Borough
of West Leechburg concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, Authority, or other entity recognized by law
as the subject of rights and duties.
A temporary statement of certification from the proper officer of the Borough of West Leechburg issued pursuant to the terms of § 225-34 of this article.
Any person selling real estate located within the Borough of
West Leechburg (hereinafter "applicant") shall make application on
a form furnished by the Borough at least 30 days before the date of
sale. The applicant shall then have a designated agent of the Borough
perform a dye test, smoke test or air test of the sewer drainage system
on the property to be sold, said smoke test to involve the use of
nontoxic, nonstaining blowers. The designated agent of the Borough
shall notify the Borough at least two working days before the test
is made so that the Borough may approve the test as performed and/or
to require that additional tests be made. The Borough shall also have
the right to rely on the results of any internal televising of the
main sewer completed by the Borough or its contractor. The designated
agent of the Borough shall complete the appropriate portions on the
form and certify that the property has been dye tested, smoke tested
or air tested and certify the results of such test. In the event that
there are no illegal storm or surface water connections and the existing
drainage system is sound, the Borough inspector or his designate shall
issue a document of certification upon the payment of any established
fee. When an illegal storm or surface water connection or malfunctioning
drainage system is discovered by the means of the above-mentioned
testing, no document of certification will be issued until the illegal
connections/malfunctioning drainage system are removed/repaired, the
system retested and certification of such removal/repair by a designated
agent of the Borough is received.
A temporary document of certification may be issued at the Borough's
sole discretion when either:
A.
The applicant proves that such testing cannot be performed because
of weather conditions, and when such is the case, the applicant shall
provide the Borough with security in the amount of $1,000 to guarantee
that the appropriate test will be performed. The applicant will cause
to have performed the appropriate test within 14 days of subsequent
written notification from the Borough, which will be given at such
time as weather conditions make such testing possible. In addition,
the applicant shall provide a signed written acknowledgement from
the purchaser of the real estate, agreeing to correct, at the said
purchaser's sole expense, any violations/defects that may be discovered
as the result of subsequent tests. Nothing in this subsection shall
prohibit any purchaser from requiring the applicant to reimburse the
purchaser for any costs incurred; provided, nevertheless, that primary
liability shall run with the land and no such agreement shall affect
the Borough's enforcement powers or excuse the current owner from
performance.
B.
When an illegal storm or surface water connection or malfunctioning
drainage system has been discovered and the necessary remedial activities
to correct such connection would require a length of time such as
to create a practical hardship for the applicant, the applicant may
apply to the Borough for a Temporary Document of Certification which
may only be issued when the applicant provides the Borough, with all
of the following:
(1)
A bona fide executed contract between the applicant and a plumber
to complete the necessary remedial work with the Borough listed therein
as a third-party beneficiary;
(2)
Cash security in the amount of said contract as posted with the Borough;
and
(3)
An agreement by the purchaser to be responsible for all cost overruns
related to the remedial work, together with a license to the Borough
to enter upon the property to complete work in case of default by
the contractor. The Borough shall determine when such temporary document
of certification shall expire, at which time the security shall be
forfeited and the Borough may use the security to have the necessary
remedial work completed.
A.
The Borough is hereby authorized, empowered and directed to make
reasonable rules and regulations for the operation and enforcement
of this article as it deems necessary, which shall include, but not
be limited to:
(1)
Establishing acceptable forms of security or guarantees;
(2)
Acceptable testing methods;
(3)
Establishing the forms of applications, purchaser acknowledgements
and plumber certifications; and
(4)
Limiting the times of year in which temporary documents of certification
are available for reasons of weather.
B.
All rules and regulations issued pursuant to this section shall be
in writing and be approved by the Borough prior to such rules and
regulations being effective.
Nothing in this article shall limit, in any fashion whatsoever,
the Borough's right to enforce any ordinance, resolution or law of
the Borough of Leechburg, Commonwealth of Pennsylvania, the intent
being that this article shall supplement already existing resolutions
and ordinances dealing with the enforcement of sanitary sewer status
within the Borough of West Leechburg. 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 person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this article, or of any regulation
or requirement pursuant thereto and authorized thereby shall, upon
conviction before any District Justice, be sentenced to pay a fine
of $1,000 and costs of prosecution, and in default of payment thereof,
to imprisonment for a term not to exceed 90 days.
The provisions of this article are severable, and if any section,
sentence, clause or phrase shall be held by a court of competent jurisdiction
to be illegal, invalid or unconstitutional, the remaining portions
of this article shall not be affected or impaired thereby.
The effective date of this article shall be September 1, 2003.
