[Adopted 10-2-1995 by Ord. No. 1455]
As used in this article, the following terms shall have the
meanings indicated:
A test conducted on real property by the use of colored innocuous
substances that will reveal the direction and flow of stormwater or
surface water.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage, driveway drainage or surface or areaway
drainage into the sanitary sewer system.
The transfer, assignment, pledge or hypothecation of any
interest in real property to a lender for value, which transfer, assignment,
pledge or hypothecation is evidenced by a mortgage, deed or trust
or other security instrument.
Any person, syndicate, association, partnership, firm, corporation
or the chief executive officer of any corporation, institution, agency,
authority, partnership or member of such partnership or other lawful
entity.
The line connecting the premises to the public sewer.[1]
The transfer or assignment, with or without consideration,
of any interest in real property situate within the Borough, whether
or not the same is to a person or persons related by blood to the
transferor.
An official statement from the Borough stating that there
are no illegal storm sewer or surface water connections to the sanitary
sewer lines on the real property to be sold, transferred, assigned
or mortgaged.
A temporary statement of certification from the Borough issued pursuant to the provisions of § 170-30 of this article.
Any commonly accepted method of testing whereby a video camera
is inserted into and travels through the private lateral sewer line
of real property to determine if any illegal stormwater, groundwater
or surface water is entering the sanitary sewer system.[2]
After the effective date of this article, any person or persons selling or mortgaging any interest in real property situate within the Borough of Dormont, as those items are defined herein, shall be required to provide to the purchaser and to the appropriate Borough officials designated hereafter a sanitary sewer certification, which certification shall be provided to the purchaser or designated Borough official on the time or times designated in § 170-29 of this article.
[Amended 4-1-2002 by Ord. No. 1511[1]]
A.
Any person
selling or transferring real property (the "applicant") located within
the Borough shall make application before the date of sale or transfer.
The applicant shall then have a plumber who is registered and licensed
by the Allegheny County Health Department perform a dye test on the
property to be sold or transferred. Such plumber shall complete the
appropriate portions of the form and certify that the property has
been dye tested and certify the results of each test.
B.
In addition
to the dye test performed by a plumber registered and licensed by
the Allegheny County Health Department, the Borough also requires
a video camera inspection of the private sewer lateral to be performed
by a plumber registered and licensed by the Allegheny County Health
Department. Such plumber shall certify in writing that the property
has been inspected by video camera and the results of such inspection.
C.
In the
event that there are no illegal stormwater or surface water connections
or discharges, the Borough Manager, or his or her designee, shall
issue a sanitary sewer certificate upon payment of a fee as shall
be established from time to time by resolution of the Borough Council.
When an illegal stormwater or surface water connection or discharge
is discovered by means of the above-mentioned testing and/or inspection,
no sanitary sewer certification will be issued until the illegal connections
or discharges are removed and certification of such removal is received
from a plumber registered and licensed by the Allegheny County Health
Department.
A.
A temporary sanitary sewer certification may be issued at the Borough's
sole discretion when either:
(1)
The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Borough with security in the amount of $200 to guarantee
that the dye test and video camera inspection will be performed. The
applicant will cause to have performed the dye test and video camera
inspection within 14 days of written notification from the Borough,
which will be given at such time as weather conditions make the dye
test and video camera inspection possible. In addition, the applicant
shall provide a signed, written acknowledgment from the purchaser
agreeing to correct, at the purchaser's sole expense, any violations
that may be discovered as a result of such subsequent dye tests and
video camera inspections. Nothing in this subsection shall prohibit
any purchaser from requiring the applicant to reimburse the purchaser
for any costs incurred; provided, however, that primary responsibility
shall run with the land, and no such agreement shall affect the Borough
enforcement powers or excuse the seller, mortgagor or purchaser from
performance hereunder; or[1]
(2)
When an illegal stormwater or surface water connection or discharge
is discovered, and the necessary remedial activities to correct any
such connection or discharge would require a length of time such as
would create a practical hardship for the applicant, the applicant
may apply to the Borough Manager for a temporary sanitary sewer certificate,
which may only be issued when the applicant provides the Borough with
all of the following:
(a)
A bona fide, executed contract between the applicant and a registered
licensed plumber to complete the necessary remedial work, with the
Borough listed therein as a third-party beneficiary.
(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 work in case of default of the
contractor.
B.
The temporary sanitary sewer certification shall expire within 30
days after its issuance, and, at the expiration of the same, the security
shall be refunded to the applicant, but in the event that the security
posted is insufficient to complete the remedial work, the purchaser
or, in the case of a refinance, the property owner shall be charged
for the same and shall be responsible for payment thereof.
A.
The Borough Council may from time to time adopt reasonable rules
and regulations for the operation and enforcement of this article
as the same may become necessary, which shall include, but not be
limited to:
B.
No municipal
lien or tax verification letter shall be issued unless the request
for the same is accompanied by a valid sanitary sewer certificate
and the required fees, which shall be delivered at least seven days
before such letters are to be provided. The fees required for the
issuance of such letters shall be set from time to time by the Borough
Council by resolution.
C.
Such rules and regulations shall be adopted at a public meeting of
the Council and shall be posted in the office of the Borough Manager.
Nothing in this article shall limit in any manner whatsoever
the Borough's right to enforce its ordinances or the laws of
the Commonwealth of Pennsylvania. Nothing contained in this article
shall be construed as or offered as a defense to any citation issued
by any municipal corporation or the Commonwealth of Pennsylvania pursuant
to any other law or ordinance.
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article, and, in particular, the provisions of §§ 170-28, 170-29 and 170-30 hereof, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
The effective date of this article shall be November 1, 1995.
