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.
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.
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.
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.
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:
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.
