[Adopted 12-14-2022 by Ord. No. 1040]
As used in this article, the following terms shall have the
meanings indicated:
A person applying for a certificate of compliance or temporary
certificate of compliance.
Borough of Charleroi, Washington County, Pennsylvania.
An official statement from the Borough stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
Borough of Charleroi Code, as the same may be from time to
time amended.
An official statement from the Borough stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of the Code.
Any commonly accepted method of testing by a registered plumber
whereby dye is introduced into the storm, surface or subsurface water
collection system and downspouts of structures or improvements to
real property to determine whether basement seepage, groundwater,
downspout drainage, roof drainage, driveway drainage, or other surface
water drainage is entering into the sanitary sewer system.
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
Real property on which any building, driveway or parking
pad, other surface or subsurface structure or improvement has been
constructed, installed or erected, where the real property or any
improvements on the real property is connected to the sanitary sewer
system.
A visual inspection of the interior of the property including,
but not limited to, areas of the structures or improvements which
may feature interior sumps, pumps, or other unlawful connections as
defined in this article.
A written letter from the Borough Manager, or Manager's
designee, concerning municipal liens and property taxes.
Those persons designated by the Borough to administer and
enforce all laws and ordinances of the Borough.
Any person, natural person, association, firm, partnership,
corporation, syndicate, organization, institution, agency, authority,
or other entity recognized by law as the subject of rights and duties.
The singular shall include the plural.
Any real property located within the Borough upon which a
building or improvement exists.
The replacing of an existing mortgage or loan against real
property with a new or different mortgage or loan.
The sanitary sewer lines and related facilities maintained
and operated by the Municipality's designated sewer service provider.
Cash, certified check, or treasurer's check.
The sale, transfer, conveyance, or assignment of any interest
in real property; provided, however, that a refinancing of real property,
without a conveyance, is not a sale or transfer under this article.
Surface water and groundwater, including but not limited
to roof and driveway drainage, basement seepage, and surface or areaway
drainage.
A temporary statement of certification from the Borough pursuant
to the terms here within.
A temporary statement of certification from the Borough pursuant
to the terms here within.
Illegal connections are prohibited. It shall be unlawful for
any person to connect or have connected any rain leader, roof drain,
downspout, gutter, parking lot drain, driveway drain, interior or
exterior sump, French drain, spring or other collector or source of
surface stormwater, including but not limited to the fresh air vent
of the improved and sewered property's sanitary sewer, to the
sanitary sewer system.
Persons owning property within the Municipality are required
to maintain all private laterals and sanitary sewer service connections
in good repair.
It shall be unlawful for any person to sell, purchase, convey
or transfer improved and sewered real property located within the
Municipality without first having obtained and delivered to the buyer,
transferee, or owner at or prior to closing or transfer a certificate
of compliance or temporary certificate of compliance for the property
being sold, conveyed, or transferred. For purposes of this part, a
"sale of property" shall include any conveyance or transfer whereby
title is transferred from one person to another, but shall not include:
A.
A refinancing where the holder of the title remains unchanged; or
B.
When an improvement to real estate has been recently constructed
in accordance with a valid building permit and has been inspected
by the Municipal's Building Inspector and has not been formerly
occupied. If such property is sold after one year of the date of the
certificate of occupancy or the inspections referred to in this subsection,
compliance with this article is mandatory; or
C.
Individual apartment-type units within a single condominium building
may be sold without individual certification, provided that the building
in which the units are locate has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit; or
D.
A transfer of title by operation of law following the death of the
owner.
The ordinance compliance officer, or other persons designated
by the governing body by resolution, is authorized to initiate dye
testing or other testing or inspection within the Municipality for
purposes of discovering or locating the inflow of surface stormwater
to the sanitary sewer system. The ordinance compliance officer is
authorized to retain the services of a qualified contractor to perform
the dye testing or other testing or inspection. Persons owning property
within the Municipality are required to grant access to the ordinance
compliance officer and/or the dye testing contractor and to permit
dye testing or other testing or inspection. It is unlawful for any
person to refuse access to property for purposes of dye testing or
other testing or inspection.
In the event the ordinance compliance officer identifies any
illegal connections or leaking, deteriorating or poorly constructed
private sanitary sewer lateral and/or sanitary sewer service connections,
the ordinance compliance officer shall give written notice of same
to the property owner that such illegal connections be eliminated
and/or services connections be, at the property owner's expense,
repaired, replaced, or rehabilitated within a prescribed amount of
time as detailed with the notice. The ordinance compliance officer,
upon request of the property owner, may extend the deadline to a maximum
of 60 days from the date of the notice.
A.
At least 21 days prior to the date of closing, sale or transfer of any improved real property located within the Municipality, the seller or transferor or its agent shall submit to the ordinance compliance officer an application for certificate of compliance, completed as required by § 268-19C below. The certificate of compliance form shall be available upon request from the Municipal Manager, or his designee. The fee for filing the completed application for certificate of compliance shall be $250 and may be amended by the governing body from time to time by resolution.
B.
The applicant is required to schedule the dye test within three days
of submitting the application for certificate of compliance by calling
the Municipal Manager, or Manager's designee.
C.
Prior to the sale or transfer of any improved real property located
within the Municipality, the seller or transferor shall have a dye
test of the property performed by a licensed plumber, representative
of the public sewage provider, or other qualified contractor approved
in advance by the Compliance Officer to perform such tests, or by
such other person designated or approved by the Municipality. Upon
completion of the dye test, the person who performed the test shall
complete the appropriate section of the application for certificate
of compliance, confirming that the property has been dye tested and
certifying the results of the test.
A.
If the application for a certificate of compliance, properly completed
and filed with the Municipal Manager, or his designee, with the designated
filing fee, indicates that there are no connections of surface stormwater
to the sanitary sewer system, then the Municipal Manager, or his designee,
shall issue the report of dye test and interior inspection, and certificate
of compliance, where applicable, within seven business days of receipt
of inspection report, therefore.
B.
If the dye test reveals the existence of one or more surface stormwater
connections to the sanitary sewer system, the Municipal Manager, or
designee, shall not issue the certificate of compliance until the
connections have been removed and a licensed plumber or other person
approved by the Municipality to do so, has certified that there is
no connection of surface stormwater to the sanitary sewer system from
the property to be sold or transferred. An additional inspection fee
shall be paid by the applicant for each inspection subsequent to the
first inspection referred to herein.
C.
If the interior inspection is in anyway refused or prevented by the
applicant, their agents, or assigns, or tenants, a report of dye test
and interior inspection, and certificate of compliance, where applicable,
will not be issued until that interior inspection is complete.
A certificate of compliance shall be valid for a period of one
year from the date of issuance. Real estate may be sold during the
one-year effective life of such document without further dye testing
or certification.
A.
When a surface stormwater connection to the sanitary sewer system
is discovered and the necessary work to remove the connection would
require a length of time such as to create a hardship for the seller
or applicant, the seller or applicant may apply to the ordinance compliance
officer for a temporary certificate of compliance. The seller or applicant
must submit the following with the properly completed application:
(1)
A bona fide executed contract with a registered and licensed plumber,
or other qualified contractor approved in advance by the compliance
officer, requiring the plumber to complete the remedial work necessary
to the removal of the connections of surface stormwater to the sanitary
sewer system and granting the Municipality the right and power to
enforce the contract.
(3)
The agreement of the purchaser or transferee to be responsible for
all cost overruns related to the remedial work, together with a license
from the purchaser or transferee to the Municipality, its agents,
contractors, and employees to enter upon the property to complete
the remedial work in case of default by the contractor or the applicant.
(4)
The filing fee established by the governing body from time to time
by resolution.
B.
When the applicant proves dye testing cannot be performed because
of weather conditions, the seller or applicant may apply to the ordinance
compliance officer for a temporary certificate of compliance. The
seller or applicant must submit the following with the properly completed
application:
(1)
Cash security in the amount of $1,000.
(2)
The written, signed agreement of the purchaser or transferee to correct, at the purchaser's or transferee's sole expense, any surface stormwater connections to the sanitary sewer system disclosed by the subsequent dye test, together with a license from the purchaser or transferee to the Municipality, its agents, contractors, and employees, to enter upon the property to conduct the dye testing should the applicant fail to do so. Nothing in this Subsection B shall prohibit any purchaser or transferee from requiring the applicant to reimburse the purchaser or transferee for any costs incurred in connection with such remedial work; provided, however, that primary responsibility for the remedial work and all costs thereof shall run with the land, and no such agreement shall affect the Municipality's enforcement powers or excuse the current owner of the property from performance.
(3)
The applicant will cause to have the dye test performed within 14
days at such time as weather conditions make the dye test possible.
(4)
The filing fee established by the governing body from time to time
by resolution.
D.
The temporary certificate of compliance shall be effective for 60 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in §§ 268-19 and 268-20 of this article, the cash security shall be forfeited, and the Municipality may use the funds to complete the remedial work for the dye testing.
E.
The application for temporary certificate of compliance form shall
be available upon request from the Municipal Manager, or designee.
A.
A request to the Municipality for a municipal lien letter or tax
verification letter must be accompanied by a valid certificate of
compliance or temporary certificate of compliance and by the appropriate
fee, which shall be established by the Municipality from time to time
by resolution. The Municipality shall issue the municipal lien letter
or tax verification letter within seven business days of receipt of
the appropriately documented request and any and all applicable fees.
B.
Where requested by the property owner or his agent and subject to
time availability, as determined solely by the Municipal Manager,
or designee, the Municipality may issue municipal lien and tax certification
letters on two business days' notice upon the payment of the
expedited fee in addition to the fees set forth above. The amount
of the expedited fee shall be established and amended by resolution
of the governing body from time to time.
A certificate of compliance issued under this article shall
be valid for a period of one year from the date of issuance.
The Municipal Manager, or his designee, and the ordinance compliance
officer are hereby empowered to make reasonable rules and regulations
for the operation and enforcement of this article including but not
limited to: establishing the form of applications, establishing acceptable
forms of security or guarantees, inspector certifications, acknowledgments
and certifications; and limiting the time of year in which temporary
certificate of compliance is available for reasons of weather.
Nothing in this article shall limit in any fashion whatsoever
the Municipality's right to enforce its ordinances or laws of
the Commonwealth. Nothing in this article shall be a defense to any
citation, ticket, or other charges issued by any municipal corporation
or the Commonwealth pursuant to any law or ordinance.
A.
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article, and any person who violates any of the provisions of this article, and any owner of property who permits violation by his contractor, employees or agents shall be guilty of a violation of this article and punished as provided in Chapter 1, Article II, Enforcement; General Penalty, in addition to municipal ticketing.
B.
Each day that a violation continues beyond the date fixed for compliance
shall constitute a separate offense.
C.
Nothing herein shall limit, prevent or preclude the Municipality
from taking any and all legal action or exercising any other remedy
available to the Municipality by law, including, but not limited to,
the initiation of civil or criminal proceedings or injunction relief
in order to enforce or ensure compliance with this article. As an
additional remedy, the Municipality may abate any nuisance, dangerous
or hazardous condition by any means permitted by law, which shall
include, but is not limited to, an action in the Court of the Common
Pleas of Washington County, Pennsylvania, for injunctive relief; the
use of any Municipal personnel, equipment and materials or that of
an authorized agent or contraction hired by the Municipality to remove
or abate any nuisance, dangerous or hazardous condition, and with
all costs thereof or related thereto to be charged against the property
owner(s) and/or person who has violated the article or portion thereof;
said costs shall include all actual costs and expenses, including
all costs of collection and reasonable administrative costs of the
Municipality, incurred in enforcing the provisions of the article.
D.
In addition to and not in lieu of the foregoing, the Municipality
may seek equitable and legal relief to compel compliance with this
article.
A.
If any section, clause, provision or portion of this article shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this article so long as it remains legally enforceable
minus the invalid portion.
B.
The Borough reserves the right to amend this article or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this article and the
effective administration thereof.
C.
The Borough reserves the right to amend this article, fee schedule,
or any portion thereof from time to time by resolution or ordinance.
Any other ordinance provision or regulation of the Municipality
inconsistent with any of the provisions of this article hereby repealed
to the extent of the inconsistency only.
This article shall be effective immediately upon enactment or
as soon thereafter as the applicable laws of the Commonwealth of Pennsylvania
allow.
