[HISTORY: Adopted by the Borough Council of the Borough of Lake City 8-9-2004 by Ord. No. 363-04. Amendments noted where
applicable.]
No home, residence, building or other contributor to the Lake City Borough
sewage conveyance or treatment facilities shall make, allow or have a connection
of roof downspouts, sump pump, groundwater, roof runoff, subsurface drainage,
unpolluted industrial water or cooling water directly or indirectly into said
conveyance or treatment facilities.
A.
It shall be unlawful for any owner of real property in
Lake City Borough, Erie County, Pennsylvania, whose property is connected
to the Borough's public sanitary sewer system/public water system, to
sell, convey, assign or transfer any real property or for any person to facilitate
the sale, conveyance, assignment or transfer of any real property, by deed,
agreement of sale or otherwise, or for any person not already an owner thereof
to acquire an interest in any such real estate without first securing a certificate
of inspection issued by Lake City Borough's Code Enforcement Officer,
henceforth identified as the "Officer," or his designee, with respect to the
real property being transferred, certifying that an inspection has been preformed
relative to all of the rules and regulations of Lake City Borough relative
to tapping into, discharging into or connection with the Borough's public
sanitary sewer system and, if applicable, tap-in, metering and connection
with the Borough's public water system.
B.
Any such inspection and certificate as may be issued
by Lake City Borough shall be pursuant to the inspection and is not intended
to be an express or implied warranty or guarantee against the presence of
any items of violation or noncompliance that were not apparent to Borough's
Officer or his designee.
An application for a certificate of inspection shall be made to Lake
City Borough, or its designee, on forms furnished by the Borough and shall
be accompanied by a fee in such amount as Lake City Borough Council sets.
The fee for the application and inspection required for a certificate of inspection,
upon the effective date of this chapter, shall be $50 for both sewer and water
inspections or $25 each if only a sewer or water inspection is required. In
addition, should the Officer or his designee determine that additional services
or tasks are necessary to perform the inspection, and out-of-pocket expenses
are incurred by the Borough, the owner shall be responsible to pay said additional
cost within 30 days of receipt of the invoice for said additional out-of-pocket
expenses.
Upon receipt of a properly completed application for a certificate of
inspection, the Lake City Borough Officer or his designee shall, within 10
calendar days, physically inspect the real property to be transferred and
shall determine its compliance with the Borough rules and regulations relative
to its connection to the public sanitary sewer system and public water system.
If the Officer, as aforementioned, determines compliance, he shall immediately
issue a certificate of inspection authorizing the transfer of the real estate.
If the Officer determines noncompliance, he shall separately set forth each
violation or items of noncompliance and the required remedial action in order
for a certificate of inspection to be issued and shall promptly forward a
copy of his findings to all parties in interest. Upon notification of the
remedial action having been completed, the Officer shall, within two working
days, reinspect the real estate to be transferred and, if in compliance, shall
immediately issue a certificate of inspection. If upon reinspection the Officer
determines that all necessary remedial action has not occurred, he shall identify
that remedial action still required and shall promptly forward a copy of his
findings to all parties in interest. No certificate of inspection shall be
issued until all remedial action shall have been completed in a manner satisfactory
to the Officer.
All customers of Lake City Borough sanitary sewer and water system shall
allow the Borough or its designees access to any and all structures being
provided such as sewer and/or water services for the purpose of inspection
to determine compliance under this chapter.
Any person or persons aggrieved by a decision of the Officer may, within
30 days of being so aggrieved, file a written appeal of said decision to Lake
City Borough Council. Said appeal shall be in writing and set forth, in reasonable
detail, the proportionate decision by the Officer to which exceptions taken,
the reason for the exception being taken and the proposed remedy. Upon receipt
of an appeal, the Lake City Borough Council within 30 calendar days of receipt
shall permit a hearing to be conducted during a regularly scheduled Council
meeting. All appeal hearings shall be conducted in accordance with the local
law.
The violation of any provision of this chapter shall be punishable in
the manner set forth in the Lake City Borough Code.
