[Adopted 10-10-2023 by Ord. No. 1385]
The following words and phrases shall have the meanings prescribed
hereunder when used in this article, except for where context clearly
denotes otherwise:
The Borough of Sewickley, the Sewickley Borough Council,
and/or the Borough's employees, agents, and authorized representatives.
Any natural person, syndicate, association, firm, corporation,
institution, agency, authority, partnership/partner, or any other
entity responsible for making payment to the Borough for routine user
rates and charges for sewer service to property connected to the sanitary
sewer system.
A test conducted on, in, or about real property by using
innocuous colored substances that will reveal the direction, flow,
and/or discharge point of an input source/location to identify connections
to the Borough's sanitary or storm sewer systems, or any similar/substitute
testing method as may be deemed to be acceptable at the discretion
of the Borough.
Any connection or source that discharges into the sanitary
sewer system and/or permits the infiltration and inflow into the sanitary
sewer system of stormwater, surface water, groundwater, roof water,
or basement seepage, including but not limited to connections and
sources such as roof drains/leaders/downspouts, yard drains, foundation
drains, driveway drains, outdoor surface area drains, sump pumps,
or sewer cleanouts and vents that are not properly elevated above
grade and/or secured with a watertight cap.
An official Borough letter certifying that there are no municipal
claims, liens, or delinquent charges for water, sewage, sewer assessment,
or for other public services against the property being sold, or otherwise
indicating the amount necessary to satisfy any such claims or charges
prior to transfer of the property.
Reasonable advance notification of the Borough's intention
to inspect a property which is provided to the occupant and/or owner
by means which may include, without limitation, mailed written notice,
posting of the property with a door hanger or placard, verbal confirmation,
or electronic mail communication.
Any person or entity who occupies, inhabits, or enjoys the
right of possession of property subject to this article.
Any natural person, syndicate, association, firm, corporation,
institution, agency, authority, partnership/partner, entity, or other
owner of record with direct or indirect ownership interest in real
property that is benefitted by connection to the sanitary sewer system,
regardless of whether the owner is also the occupant or Borough customer.
The transfer or assignment of any interest in real property
that is benefitted by connection to the sanitary sewer system.
An official Borough letter certifying that there are no illegal
connections to the sanitary sewer system.
The wastewater collection system that is intended to convey
sanitary sewage flows for treatment separately from stormwater flow,
and specifically excluding combined sewers that are intended to convey
both sanitary sewage and stormwater collectively.
No Borough customer, owner, or occupant shall make an illegal
connection to the sanitary sewer system, nor allow an illegal connection
to remain connected thereto.
Dye test inspections shall be required prior to the time of
sale of any interest in real property connected to the sanitary sewer
system to routinely identify and eliminate illegal connections, or
at any other time that the Borough deems it necessary to conduct areawide
and/or targeted dye test inspections of any property connected to
the sanitary sewer system as may be required in the Borough's
discretion to systematically identify and eliminate illegal connections
to the sanitary sewer system. It is recognized that time of sale dye
testing is intended as a reasonable means to routinely further ongoing
compliance with this article for most properties in the Borough, but
that additional dye testing measures are necessary to ensure that
certain properties and types of properties that may be held or owned
in such a manner that makes the sale of the property an unlikely or
rare occurrence, and that the Borough nonetheless has an interest
in testing such properties from time to time for illegal connections
to the sanitary sewer system. Such properties may include, without
limitation, property held in trust, multifamily properties, property
held in common in connection with condominiums or a homeowners'
association, and commercial, industrial, institutional, religious,
and nonprofit properties. Nothing in this article shall be construed
as limiting the authority of the Borough to dye test properties only
at the time of sale, and this article shall instead be interpreted
broadly to allow targeted dye testing at any time as may be required
in the Borough's discretion to systematically identify and eliminate
illegal connections to the sanitary sewer system, and as may be necessary
to give effect to this article against any one property, any types
of property throughout the Borough, or any group of properties in
a particular area of the Borough. Targeted enforcement of this article
may be commenced by the Borough by providing notice to the owner that
a sanitary sewer certification shall be required for the subject property
in accordance with this article within 30 days of such notice.
Any owner selling real property connected to the sanitary sewer
system shall make application to the Borough for a sanitary sewer
certification at least 10 days prior to sale by submitting a completed
inspection report in a form to be prescribed by the Borough. Any owner
in receipt of a notice of targeted enforcement requiring that a sanitary
sewer certification be obtained for the subject property shall make
application to the Borough for a sanitary sewer certification within
30 days of such notice by submitting a completed inspection report
in a form to be prescribed by the Borough. Whenever a sanitary sewer
certification is required, the owner must contact a properly licensed
plumber who shall perform a dye test and visual inspection to certify,
if appropriate, that no illegal connections exist at the subject property.
The licensed plumber shall attest to the inspection results under
the penalty of perjury by signing the fully completed inspection report
form and including all supplemental information and documentation
required by the prescribed form. All costs of inspection and certification
shall be the sole obligation of the owner.
If no illegal connections exist and the same is certified by
a properly licensed plumber, the Borough shall issue a sanitary sewer
certification upon payment of a fee in the amount of $50 or as otherwise
may be amended from time to time by resolution or in conjunction with
the Borough's fee schedule. Issuance of a sanitary sewer certification
shall be a condition precedent to a Borough customer/owner receiving
a municipal lien letter, except as otherwise provided herein.
The Borough Manager, Borough Code Enforcement Officer, and/or
the Borough's designated agents are hereby authorized to:
A.
Determine when a violation of this article has occurred, which may
be based upon information and belief;
B.
Issue a notice of violation, which may include a directive to achieve
compliance with this article;
C.
Conduct independent inspections to confirm that an illegal connection
has or has not been corrected;
D.
Have the discretion to make exceptions to the enforcement of this
article and/or issue time extensions to eliminate illegal connections
when conditions warrant such exceptions and/or extensions in the opinion
of the Borough, including but not limited to when a dye test has been
performed on the property within one year prior;
E.
Take reasonable additional action as they deem necessary or appropriate
to effectuate the purpose and intent of this article; and
F.
Prosecute violations of this article.
In any event in which the Borough determines that an illegal connection exists or that a violation of this article has occurred, then the Borough may provide the owner with written notice of the violation and allow the owner the opportunity to comply with this article by making application to the Borough for a sanitary sewer certification within 30 days of the notice of violation by submitting a completed inspection report in accordance with the requirements set forth above in § 261-30. If the owner fails to comply with the notice of violation prior to the expiration of the thirty-day period, then the Borough may proceed with prosecution as provided herein. If reasonable circumstances exist that prevent the elimination of identified violations within the prescribed thirty-day period, then the Borough may in its discretion grant a reasonable extension of time to facilitate compliance and may require that satisfactory monies be escrowed to guarantee such repairs when appropriate.
The Borough shall, upon notice to the occupant and/or owner,
have the right to enter property to conduct any inspections necessary
to identify illegal connections to the sewer system or confirm the
elimination of the same. Any restraint or hindrance to such entry
on behalf of the Borough may be referred for prosecution as a summary
offense pursuant to the Borough Code, 8 Pa.C.S.A. § 3321
et seq.
Any person found by the Borough to be in violation of this article
or who permits a violation of this article shall be subject to prosecution
under the Borough Code, 8 Pa.C.S.A. § 3321 et seq., and
upon being found liable therefor, shall pay a fine of not less than
$50 and not more than $600, plus costs, including, but not limited
to, the costs of abatement of the violation, court costs, and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings
and in the abatement of the violation. Each day a violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. If the
penalties and costs provided by this article, or the penalties and
costs allowed by any other remedy in law or equity, are not paid by
the person(s) found to be liable, the Borough may initiate a civil
action for collection of any penalty, cost, claim, judgment, or lien
against persons or property in accordance with the Pennsylvania Rules
of Civil Procedure and/or the Municipal Claim and Tax Lien Law, 53
P.S. § 7101 et seq. The remedies provided herein shall be
cumulative, and nothing shall preclude the Borough from enforcing
this article in equity in the Court of Common Pleas of Allegheny County
or in any other manner allowed by law.
If any section, subsection, paragraph, sentence or phrase of
this article is for any reason held to be invalid by a court of law,
such holding shall not affect the validity of the remaining portions,
it being the intent of the Borough Council that the same would have
been enacted without such section, subsection, paragraph, sentence
or phrase. Any ordinance or part thereof in conflict with this article
or any of its terms is hereby repealed.
This article shall take effect immediately upon enactment or
as soon thereafter as allowed by law.
