[Adopted 10-3-2017 by Ord. No. 2017-3]
Prior to the sale or transfer of each lot or parcel of real
property lying within the Township of Dallas, the sewer laterals and
sewer connections in and on that real property shall be inspected
and/or televised by the Township of Dallas, or its designated agent,
at the owner's expense, to determine the condition of the sewer laterals
and sewer connections. The owner of the real property subject to such
sale shall notify the Township of Dallas, or its designated agent,
at least 30 days prior to the proposed sale and transfer of the lot
or parcel of real property and shall make all areas to be inspected
and/or televised available to the Township of Dallas, or its designated
agent, upon demand. If the Township of Dallas or its designated agent
determines that the sewer laterals and/or sewer connections are in
an unacceptable condition, the sewer laterals and sewer connections
shall be repaired or replaced by the owner of the lot or parcel of
real property at the owner's expense prior to the sale or transfer
of ownership of the lot or parcel of said real property. The Township
of Dallas, or by its designated agent, shall confirm by inspection
and/or televising that the sewer laterals and sewer connections has/have
been satisfactorily repaired or replaced.
The Township of Dallas hereby designates Dallas Area Municipal
Authority ("DAMA"), a Pennsylvania general municipal authority, as
its agent to create, implement, conduct, and enforce a program for
the inspection of sewer laterals and sewer connections, as provided
herein. The basis of this designation of agency is that the Township
of Dallas is a constituent member of DAMA, under the Articles of Incorporation
of DAMA, and, further, DAMA has heretofore been designated by the
Township of Dallas as its agent in the provision of all water quality
management services and with the compliance with all terms and provisions
of the Pennsylvania Sewage Facilities Act (Act 537) for which the
Township of Dallas has primary statutory obligation and duty.
A.
DAMA, the designated agent of the Township of Dallas hereunder, is
hereby granted all powers and is duly authorized to do all things
necessary to enforce the provisions of this Part 4 on behalf of the
Township of Dallas.
B.
The penalty for a violation of any provision of this Part 4 shall
be the commencement of an action brought before a District Justice
having jurisdiction over the subject real property in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. The solicitor of the municipality or
its agent may assume charge of the prosecution without the consent
of the Luzerne County District Attorney as required under Pennsylvania
Rules of Criminal Procedure No. 83(c) in relation to the trial of
summary offense cases in the enforcement of this Part 4.
C.
Any person or entity convicted of the offense of violating any provision
of this Part 4 shall be subject to criminal fines not to exceed $1,000
per violation.
D.
This Part 4 may be enforced by the Township of Dallas, or by its
designated agent, through an action in equity or law commenced in
the Court of Common Pleas of Luzerne County.
These provisions of the Township of Dallas for this Part 4,
so far as they are the same as those ordinances and regulations enforced
immediately prior to the adoption of this Part 4, are intended as
a continuation of such ordinances and regulations and not as a new
enactment. The provisions of this Part 4 shall not affect any suit
or prosecution instituted or to be instituted to enforce any prior
ordinance or regulation, except as otherwise provided by law.
It is hereby declared to be the intention of the Township of Dallas that the sections, paragraphs, clauses, and phrases of this Part 4 are severable. If any section, paragraph, clause, or phrase of this Part 4 is deemed or declared to be unconstitutional, illegal, or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining sections, paragraphs, clauses, or phrases of this Part 4.
