[Adopted 7-15-1998 by Ord.
No. 2582; amended in its entirety 6-16-1999
by Ord. No. 2607]
This article shall be known as the "Wilkinsburg Sewer Connection Ordinance"
and it shall be effective on the date when the Mayor shall approve it or,
if not approved by the Mayor, it shall be effective on the date provided for
in 53 P.S. § 46007; § 1007(c) of the Borough Code.
Terms used in this article shall have the meanings set forth as follows:
The Borough of Wilkinsburg, Allegheny County, Pennsylvania.
A written letter from the borough concerning municipal liens or municipal
property taxes.
A commonly accepted plumbing test wherein dye is introduced into
the storm or surface water collection system to determine if storm- or surface
water is entering the sanitary sewer system.
Any pipes, conduit, paved or unpaved ditch or drain, basement seepage,
surface water or stormwater, subsurface drains, downspouts, roof drainage
or other surface area which drains into the sanitary sewer system.
A document from the borough stating that the borough has on file
a written statement from a certified plumber stating that there are no illegal
storm- or surface water connections into the borough sanitary sewer system
on the specified property which would violate township, county or state ordinances,
statutes or plumbing regulations.
Those persons designated to enforce the terms and conditions of this
article and who shall have the authority to bring legal proceedings for violation
of this article.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as the subject
of rights and duties.
The line or pipe which runs from the service to a residence or structure
which traverses privately-owned property.
A temporary statement from the borough issued pursuant to the terms of § 217-35 of this article.
After the effective date of this article, when the borough identifies
illegal storm- or surface water connections on property, owners of such will
be notified of same in writing by the borough. The owners will then have 60
calendar days to correct the illegal connections, dye test and smoke test
the affected line(s) and present written proof to the borough of the corrective
actions taken. If the unsatisfactory condition does not create a health hazard,
the Ordinance Compliance Officer of Code Director, upon request of the owner,
may extend the 60 calendar days to 90 calendar days. All corrective work must
be inspected and certified in writing by a plumber who is registered and licensed
by the Allegheny County Health Department. All corrective work and testing
will be performed at the owner's expense.
A.
After the effective date of this article, it shall be
unlawful for any person to sell, transfer, assign, mortgage or refinance any
real estate within the borough on which a building or improvement exists without
first delivering to the purchaser, transferee, assignee, mortgagee or person
or institution providing refinancing a letter of compliance or temporary letter
of compliance properly issued by the borough.
B.
After the effective date of the article, it shall be
unlawful for any purchaser of real property within the borough on which a
building or improvement exists to occupy the building or improvement without
having a letter of compliance or temporary letter of compliance.
C.
Letters of compliance, only for the purposes indicated
above, will be valid for a period of two years from the test date indicated
on the plumber's certification form.
Any person (hereinafter, "applicant") selling, transferring, assigning,
mortgaging or refinancing real property within the borough shall make an application
for a letter of compliance on a form furnished by the borough at least 21
days before the date of sale, transfer, assignment, mortgage or refinance.
The applicant shall then have a plumber who is registered and licensed by
the Allegheny County Health Department perform a dye test and smoke test on
the real property to be sold. The plumber shall complete the appropriate portions
of the form confirming that the property has been dye and smoke tested and
certifying the results and date of such tests. In the event that there are
no illegal storm- or surface water connections, the borough shall issue a
letter of compliance upon payment of a fee of $15. If the dye test or smoke
test reveals the existence of an illegal storm- or surface water connection,
no letter of compliance will be issued until the illegal connections are removed
and certification of such removal by a registered licensed plumber is received
by the borough.
A.
With respect to § 217-33 of this article, a temporary letter of compliance may be issued at the borough's sole discretion when, either:
(1)
The applicant proves that dye and smoke testing cannot
be performed because of weather conditions. In this case, the applicant shall
provide the borough with security in the amount of $200 to guarantee that
the dye and smoke tests will be performed. The applicant will cause the dye
test and smoke tests to be performed within 14 days, and that they shall be
performed at such time as weather conditions make the dye and smoke tests
possible. In addition, the applicant shall provide the borough with a signed,
written acknowledgment from the purchaser agreeing to correct, at the purchaser's
sole expense, any violations discovered as a result of subsequent dye or smoke
tests. Nothing in this subsection shall prohibit any purchaser from requiring
the applicant to reimburse the purchaser for any costs incurred; provided,
however, that primary liability for correction of any illegal connection shall
run with the land and no agreement between the applicant and the purchaser
shall affect the borough's enforcement powers or excuse the current owner
from performance; or
(2)
When an illegal storm- or surface water connection is
discovered and the necessary remedial activities to correct such connection
would require a length of time such as to create a practical hardship for
the applicant, the applicant may apply to the borough for a temporary letter
of compliance which may be issued only when the applicant provides the borough
with all of the following:
(a)
A bona fide executed contract between the applicant and
a registered plumber legally requiring the plumber to complete the necessary
remedial work and granting the borough the legal power to enforce the contract.
(b)
Cash security in the amount of said contract is posted
with the borough.
(c)
An agreement by the purchaser to be responsible for all
cost overruns related to the remedial work, together with a license to enter
upon the property to complete the work in case of default by the contractor.
B.
The borough shall determine when such a temporary letter
of compliance shall expire, and the applicant and the purchaser shall be advised
of the expiration date. Upon expiration of the temporary letter of compliance,
without all work having been completed, the security shall be forfeited and
the borough may use the security to have the necessary remedial work completed.
A property owner may apply for and obtain a variance from the mandates
set forth above upon application to the borough and payment of a fee of $250
to the borough. An application must detail the existing facilities and what
measures the property owner will take to eliminate surface water discharge
and to what extent the owner requests relief from this article. The following
criteria shall apply to determine whether or not the borough shall consider
a variance:
A.
The strict application of this article cannot be reasonably
carried out due to the physical circumstances of the property.
B.
A variance will not result in the undue discharge of
surface water into the sanitary sewer system.
C.
The cost of remedy may be considered.
D.
The variance will not be in conflict with any law of
the Commonwealth of Pennsylvania or any order or regulation of the Allegheny
County Health Department or any other regulatory body having jurisdiction.
A borough lien letter or property tax certification letter must be accompanied
by notification to the property owner of the requirement for a valid letter
of compliance.
A.
The borough shall promulgate such reasonable rules and
regulations, as approved by the Borough Council, for the operation and enforcement
of this article, which shall include but not be limited to:
B.
Rules and regulations issued pursuant to this section
shall be in writing and distributed as necessary to ensure compliance with
this article.
The fees set forth in this article may be changed at any time by resolution
of the Borough Council.[1]
Nothing in this article shall limit the borough's right to enforce its
ordinances or the laws of the commonwealth. Nothing in this article shall
be a defense to any citation issued by the borough, the federal government
of the commonwealth pursuant to any law or ordinance.
Any person violating any provisions of this article or of any regulation
or requirement pursuant thereto and authorized thereby shall, upon conviction,
be subject to a penalty of up to $100 a day. Each day that a violation of
this article shall occur shall be deemed to be a separate offense subject
to all of the penalties provided herein.
