[Adopted 6-4-2012 by Ord. No. 413; amended 2-1-2016 by Ord. No. 441]
The areas within Marshall Township (hereinafter "the Township") whose service rights are held by the Marshall Township Municipal Sanitary Authority (hereinafter "the Marshall Authority") shall be referred to herein as the "Marshall Service Area".
A. 
After the effective date of this Article, it shall be unlawful for any person to sell, transfer or assign any real estate within the Marshall Service Area on which a building or improvement exists that is connected to public sanitary sewers owned and operated by the Marshall Authority, without first delivering to the purchaser, transferee or assignee a document of certification or a temporary document of certification obtained from the Marshall Authority.
B. 
For any real estate within the Marshall Service Area on which a building or improvement exists that is connected to a public sanitary sewer owned and operated by the Marshall Authority which real estate has been sold, transferred or assigned within 18 months prior to the date of entry into a new contract for sale, transfer or assignment of the same real estate, the seller shall only be required to have an Interior Test (defined in Section 157-53) performed and obtain a document of certification that an Interior Test has been successfully passed with respect to such initial new sale, transfer or assignment. With respect to any other sale, transfer or assignment of the same real estate within said 18 month period or thereafter, the seller shall have both Interior and Exterior Tests (defined in Section 157-53) performed and a complete new document of certification shall be required.
Any person selling, transferring or assigning real estate located within the Marshall Service Area ("Applicant") shall make application to the Marshall Authority or the Township's designated agent for a document of certification on the then required form, which application shall be made at least 14 days before the date of the proposed sale, transfer or assignment. The Applicant shall then request the Marshall Authority or the Township's designated agent to perform a visual inspection and dye testing on the property to be sold, transferred or assigned to determine if any interior sumps or drains ("Interior Test") or any downspouts and area or outside drains ("Exterior Test") are illegally connected to the sanitary sewer system. Upon completion of the dye testing, the Marshall Authority or the Township's designated agent shall certify the results of each test to the Township. In the event that there are no illegal storm sewer or surface water connections, the Township shall issue the document of certification to the Applicant upon payment of the amount determined by the Rules and Regulations of the Township.
When an illegal storm or surface connection is discovered by the means of the above-mentioned dye testing, no document of certification will be issued until the illegal connection is removed and subsequently inspected and approved by the Marshall Authority or the Township's designated agent.
In the event it is determined from a dye test that there is an illegal connection of storm water or surface water from Applicant's property, then Applicant shall redirect such storm or surface water in compliance with Chapter 165 of the Marshall Township Code of Ordinances, Stormwater Management, as amended and any applicable stormwater management plan. If a storm water management plan is not in existence then the Township shall determine how stormwater surface water is to be redirected.
The Township is hereby authorized, empowered, and directed to make rules and regulations for the implementation and enforcement of this Article V as it deems necessary, which shall include, but not be limited to:
A. 
Form of application for the document of certification and the temporary document of certification, including any purchaser acknowledgement.
B. 
Terms and conditions for temporary document of certification.
C. 
Establishment of acceptable forms of security or guarantees for temporary documents of certification.
D. 
Time and circumstances of dye testing.
E. 
Use of tests other than dye tests.
F. 
Fees for the application for a document of certification or a temporary document of certification.
G. 
Such other rules and regulations as are necessary for the operation and enforcement of this Article.
A. 
Any person who violates this Article shall for every offense, be fined not more than $1,000 together with costs, or shall be imprisoned for not more than 90 days, or both, at the discretion of the Magisterial District Judge.
B. 
The Township is authorized to issue orders to correct any violation of this Article.
C. 
Any person, firm or corporation who is found to have violated any order of the Marshall Authority or the Township issued pursuant to this Article, shall pay a fine of $1,000 following adjudication by a Magisterial District Judge for each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation.
D. 
In addition to the penalties provided herein, the Township may recover penalties, damages, costs, reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person or user found to have violated this Article or the orders, rules, regulations, and permits issued hereunder.
E. 
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 order as herein provided, the Township shall have the right to enter onto the subject property to conduct the necessary work to bring the property into compliance at the expense of the property owner, and further, upon the failure of the property owner to pay said expense, the Township shall have the right to file a lien against the subject property for the amount of said expense, together with costs of filing and perfecting such lien.
Nothing herein shall authorize the Township, the Marshall Authority or the Township's designated agent to enter on any private real estate, except for the purpose of conducting the dye test provided for herein.
It is the express intent of the Township that the provisions of this Article are severable. If any section, subsection, sentence, clause, or phrase of this Article or the regulations adopted by the Authority pursuant thereto shall be held to be illegal, invalid, or unconstitutional, the remaining provisions of this Article or said regulations shall not be affected or impaired.
This Article shall not preclude the Township or the Marshall Authority from conducting dye testing or other testing or inspection, or implementing a program of dye testing or inspection, within the Marshall Service Area for purposes of discovering or locating the inflow of surface storm water to the Marshall Authority's sanitary sewer system.