The purpose and intent of this article is to protect the publicly-owned treatment works which include the public sewer, the pumping stations and the sewage treatment plant owned and operated by the Village of Endicott. In promoting the general intent of this article, the special intent is to:
A. 
Reduce the infiltration of surface and ground water into the sanitary sewer system in the Village of Endicott.
B. 
Increase the required solid levels introduced into the sewage treatment plant of the Village of Endicott.
C. 
Increase the efficiency of the operation of the sewage treatment plant owned and operated by the Village of Endicott, and to promote the general health, welfare and safety.
As used in this article, the following terms shall have the meanings indicated.
COMMERCIAL OR INDUSTRIAL PROPERTIES
All properties located in the districts zoned commercial and industrial under Chapter 250 of the Code of the Village of Endicott, entitled "Zoning" and all properties used for commercial or industrial purposes in other than commercial or industrially zoned areas of the Village.
ROOF DRAIN
A drain installed to receive water collecting on the surface of a roof and to discharge it into a storm drainage system, combined sewer or onto the ground.
SUMP PUMP
A mechanism used for removing water or wastewater from a sump or wet well; it may be energized by air, water, steam or electric motor. Ejectors and submerged centrifugal pumps, either float or manually controlled, are often used for the purpose.
A. 
The owner of every building or property which is used for commercial or industrial purposes, under the jurisdiction of the Village of Endicott, shall at the time of transfer of title to said premises (or, in the case of a written land contract affecting said premises, no more than 30 days after the expiration of such contract) deliver to the purchaser a current affidavit of inspection in accordance with this article. Notwithstanding the foregoing, no such affidavit shall be required in connection with the following:
(1) 
Involuntary transfers occurring as a direct result of bankruptcy, condemnation, inheritance, foreclosure and the like or of sale at public auction by a municipality or public action.
(2) 
Transfer to a purchaser who submitted to the Superintendent of Public Works an affidavit declaring that the structure will be demolished within 90 days of the date of transfer.
(3) 
Transfer of individual condominium units.
(4) 
New construction issued a plumbing and building permit pursuant to the Village Code.
B. 
For purposes of this article, an affidavit of inspection shall be considered current for a period of 30 days after its execution.
A. 
Prior to the transfer of title, the owner shall cause an inspection to be made of the premises to be conveyed. Said inspection shall be to determine whether the subject premises has any roof drains and/or sump pump connections to the sanitary sewer system in violation of this article. If no such connections are found, the person or persons performing the inspection shall so attest on a form approved by the Superintendent of Public Works.
B. 
A licensed plumber, professional engineer, a plumbing inspector licensed by the Village of Endicott or an owner having personal knowledge may attest to the facts contained in the affidavit of inspection.
A. 
The affidavit of inspection that is required by a seller to a purchaser pursuant to this article shall be on a form approved by the Superintendent of Public Works and shall recite the following information:
(1) 
Description of the property to be transferred.
(2) 
Address of the property to be transferred.
(3) 
Statement that the property to be inspected has no roof drains and/or sump pump connections to the sanitary sewer system in violation of this article.
(4) 
Date of inspection.
B. 
The affidavit shall be dated and sworn to as the date of the latest inspection.
The purchaser or his agent shall, within 15 days of the transfer of title, forward the original affidavit of inspection to the Superintendent of Public Works.
The purchaser shall have 60 days from the date of this transfer of title within which to notify the seller if the property has roof drains and/or sump pump connections to the sanitary sewer system in violation of this article. Such purchaser shall have an action against the seller to recover any expenses incurred in disconnecting any roof drains and/or sump pumps still connected to the sanitary sewer system in violation of this article. The existence of a civil remedy in favor of the purchaser against the seller shall not be construed as releasing either party from the obligations imposed by this article and shall be in addition to any lines or penalties provided which may be imposed pursuant to §§ 200-55 and 200-5 8 of this chapter.
It shall be a willful violation of this article for any person to reconnect roof drains and/or sump pumps to the sanitary sewer system in violation of this article once an affidavit of inspection has been issued.
A. 
Upon discovery of a violation of the mandates of this article, the Superintendent of Public Works shall cause a written notice to be sent to the seller, if appropriate, and the purchaser of the property which has been transferred in violation. Such notice shall require the purchaser to provide the Superintendent of Public Works with an affidavit as required within 15 days of the receipt of said notice, in the event that there are no illegal roof drains and/or sump pumps connected to the sanitary sewer system.
B. 
In the event that the subject property has roof drains and/or sump pump connections into the sanitary sewer system in violation of this article, the purchaser shall, within 15 days of receipt of the notice submit a written proposal to include an estimated time of completion, which date will be within 60 days from the date of the notice.
C. 
In the event that the purchaser fails to comply with the remedial procedures hereinbefore set forth, the Village may proceed as follows:
(1) 
As set forth under § 200-55 of this chapter;
(2) 
As set forth under § 200-58 of this chapter for fines and penalties;
(3) 
Shut off of the water service to the property which is in violation; or
(4) 
Prohibit the discharge of wastewater into the sanitary sewer system until the property is brought into compliance with the mandates of this article.
D. 
In selecting the method of enforcement, the Village may choose to proceed with more than one action simultaneously.
E. 
The owner of the property shall have the right to apply for any extension of time within which to complete the disconnection of roof drains and/or sump pumps from the sanitary sewer system in the event that such disconnection will require extraordinary procedures and/or monetary expenditures. The decision to grant an extension will be solely in the discretion of the Superintendent of Public Works.