[Adopted 12-3-2014 by Ord. No. 590[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. IV, Illegal Storm or Surface Water Connections, adopted 3-7-2006
by Ord. No. 540.
This article shall be known as the "Port Vue Sewer Connection
Ordinance."
Terms used in this article shall have the meanings set forth
as follows:
The Borough of Port Vue, 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 stormwater or surface water collection system to determine
if stormwater 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 stormwater 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 this article.
The Borough Manager shall immediately initiate dye testing procedures.
The Borough Manager is authorized to retain the services of a qualified
contractor to perform the dye testing and to cooperate with neighboring
municipalities to minimize costs. Persons owning property are required
to grant access to the Borough Manager and/or the dye testing contractor
and to permit dye testing.
After the effective date of this article, when the Borough identifies
illegal stormwater 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 Borough Engineer, 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 stormwater or surface water connections, the
Borough shall issue a letter of compliance upon payment of a fee of
$35. If the dye test or smoke test reveals the existence of an illegal
stormwater 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 § 246-20 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 stormwater 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.
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 or 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.
