[Adopted 7-16-2014 by Ord. No. 546, approved 7-16-2014]
After the effective date of this article, it shall be unlawful
for any person to sell or transfer real estate within the Borough
of Conway on which a building or improvement exists, without first
delivering unto the purchaser a compliance certification or temporary
document of compliance from the proper officers of the Borough of
Conway.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper official of the Borough
of Conway stating that there are no known illegal storm or surface
water connections into the sanitary sewer connections of an individual
property which is being sold or transferred.
The discharge of ground or surface waters, connection of
downspouts, roof drainage, surface area drainage or foundation drainage
into the sanitary sewage system.
A written letter from the proper official of the Borough
of Conway concerning municipal liens.
Any person, syndicate, associate, partnership, corporation,
institution, agency, authority or real estate agent, 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 Conway, issued pursuant to the terms of this article.
A.
No property owner or user of the public sanitary sewer system of
the Borough of Conway shall discharge, or permit the discharge of
any stormwater, roof runoff, subsurface drainage, foundation drainage,
driveway drainage, cooling water or unpolluted industrial process
water drainage into the sanitary sewer system.
B.
The Borough is hereby authorized to conduct random periodic smoke
or dye tests, and any other appropriate tests or inspections, of all
existing sewer systems and structures in the Borough to determine
compliance with this article and other laws pertaining to sewer systems
and structures. No inspection fee shall be charged for such inspections
under this article, unless specifically authorized by resolution of
Council.
C.
Every owner, lessee or occupier of real estate within the Borough
shall submit to smoke and/or dye testing or other appropriate test
or inspection by the Borough, its employees, agents and/or designees.
The owner, lessee or occupier of the real estate shall permit said
testing upon request. The Borough shall be empowered to enter upon
any private property at all reasonable times, with notice to the owner,
and in accordance with prevailing law, for the purpose of conducting
inspections and/or performing tests as deemed necessary in the sole
discretion of the Borough in the enforcement of this article.
D.
When illegal stormwater, surface water or subsurface water connections
have been discovered, a notice of violation(s) will be sent regular
and certified mail to the property address.
E.
All necessary work to remediate any and all violations shall be completed
by the owner, lessee, or occupier of the premises, weather permitting,
within 90 days of the date of mailing the notice of violation.
F.
Appeal. Any owner, lessee or occupier of real estate subject to a
notice of violation shall have the right to appeal to Borough Council,
within 10 days after the mailing date of the notice of violation.
Such appeal shall be filed in writing, shall state the grounds for
appeal, and be accompanied by an appeal fee of $600, or such fee as
adopted and amended by Council by resolution from time to time. Appealing
party shall additionally be responsible for the actual cost of a court
reporter and legal advertisement of the hearing. The appeal shall
be processed and heard in accordance with the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
A.
A full and complete written request, with prepayment of the application
fee, must be submitted to the Borough of Conway for each and every
request for municipal lien letter prior to the sale or transfer of
any real estate on which a building or other improvement exists. Application
will be on a form furnished by the Borough of Conway at least seven
days before the closing date of the real estate. Fees for municipal
lien letters may be adopted and amended from time to time by resolution
of Council.
B.
Prior to the issuance of the municipal lien letter, the Borough will
cause to be performed dye tests and/or smoke tests or any other tests
and/or inspections deemed necessary on the property at a cost to the
requesting party so as to determine the status of the connection of
the property to the public sewer system and to verify that there are
no improper or illegal connections to the sewer system.
C.
The inspections and/or tests will identify and verify the location
of the roof downspouts and where each downspout drains and discharges,
the location of the trap and cleanout, that there are no sump pumps,
French drains, driveway drains or yard drains connected to the sanitary
sewer system, that the house lateral is connected to the sewer system
along with the location of the manhole inspected, and any other inspection
deemed appropriate under this article.
D.
This inspection will be in the manner and form necessary to satisfy
the Borough that there are no sources of connections of the property
to the sanitary sewer system that will allow extraneous water to enter
the sanitary sewer system. Where compliant, a compliance certification
will be issued. Where noncompliant, a notice of violation will be
issued as provided above.
E.
Properties with improvements which are not served by the public sanitary
system are exempt from testing provided that the owner(s) certify
by sworn affidavit, to the Borough and the purchaser or transferee
of the property, that no portion of the property is connected to the
sanitary sewer system and provide documentation of the method of sewer
service to all existing buildings prior to closing or transfer of
title.
F.
A temporary compliance certification may be issued by the Borough
upon the joint written request of the owner(s) and purchaser(s) or
transferee of the property should the weather or other extraordinary
conditions delay the testing of the property. The purchasers must
agree to be fully and completely liable for all violations located
and agree to correct the same within 90 days of notice of the violations
at the full and complete expense of the purchaser. Each temporary
compliance certification shall be accompanied by a security deposit
of $500 or such fee as adopted and amended by Council by resolution
from time to time, which may be used by the Borough to cover all costs
associated with the enforcement of any violation notice.
G.
All temporary compliance certifications shall automatically expire
two months from the date of issuance at which time any security posted
shall be forfeited unless any noted violations have been corrected.
The Borough, at its lone discretion, may extend the temporary compliance
certification upon good cause shown.
H.
Nothing in this section shall prohibit any purchaser or transferee
from requiring the owner to reimburse him/her for any costs incurred;
nevertheless, the primary liability shall run with the land and no
such agreement shall affect the Borough of Conway's enforcement
powers or excuse the current owner from performance.
I.
No compliance certification shall be required at the time of sale
of a new structure to its initial occupant; provided, however, that
it was inspected by the Borough or its designee in due course of construction
within 24 months of the property's sale.
J.
No compliance certificate shall be required on a sale of structure
for which a certificate was previously issued within the preceding
24 months; conditioned, however, upon submission of a written sworn
affidavit of the property owner that there has been no alterations
giving rise to an unlawful discharge into the public sewer system.
A.
The Borough of Conway shall, from time to time by resolution, adopt
such standard forms or applications as may be necessary and appropriate
for the facilitation of the inspections and certifications required
herein.
B.
The Borough of Conway shall, from time to time by resolution, adopt
a standard charge or fee for the inspection of property prior to a
sale or transfer of real estate and the same shall be due and payable
as part of the application for a municipal lien letter relating to
water and sewage charges. A copy of the proposed fee schedule for
issuance of a compliance certificate is attached hereto, provided.[1] The Borough is free to adopt revisions, thereto, from
time to time.
[1]
Editor's Note: Said schedule is included as an attachment
to this article.
C.
Any certificate requested by the owner, lender or other authorized
person at any time shall be subject to the inspection/certificate
fee provided for in this article.
A.
Any person, form or corporation who is found to have violated this
article shall pay a fine or penalty of up to $1,000 following conviction
thereof by a Magisterial District Justice in a private criminal complaint.
In addition, the Borough may recover damages, costs, reasonable attorney
fees, court costs and such other fees and expenses of litigation incurred
by the Borough in the prosecution of this claim.
B.
Upon final adjudication that a violation of this article exists and
refusal or failure to act by the property owner to undertake the repair,
replacement or rehabilitation identified by written notice, the Borough
shall have the right to enter onto the subject property to conduct
the necessary work to bring the property into compliance with this
article at the sole expense of the property owner, and further, upon
the failure of the property owner to pay such expense, the Borough
shall have the right to file a lien against the subject property for
the amount of said expenses, together with costs of filing and perfecting
such lien.
A.
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.
B.
The provisions of this article shall be codified as part of the Code
of the Borough of Conway.
C.
All ordinances or portions of ordinances which conflict with any
of the provisions of this article are repealed to the extent of such
inconsistency.
D.
This article shall take effect immediately upon being recorded in
the Borough Ordinance Book.
