[Added 7-21-1992 by L.L. No. 4-1992]
[Amended 3-20-2000 by L.L. No. 1-2000]
The purpose and intent of this article is to
protect the sewer works, including but not limited to the public sewer,
the pumping stations and the sewage treatment plant, facilities and
equipment. In promoting the general intent of this article, the special
intent is:
As used in this article, the following terms
shall have the meanings indicated:
A drain installed to receive water collecting on the surface
of a roof and to discharge it into a storm drainage system or sewer
or onto the ground.
A mechanism used for removing water or wastewater from a
sump or wet well; it may be energized by air, water, steam or electric
motor. Ejectors and submerged centrifugal pumps, either float or manually
controlled, are often used for the purpose.
A.
The owner of every building or property within the
Village of Minoa shall not allow any roof drain or sump pump connections
to the sanitary sewer system and, at the time of transfer of title
to said premises (or, in the case of a written land contract affecting
said premises, no more than 30 days after the expiration of such contract),
the transferor shall deliver to the transferee a current affidavit
of inspection in accordance with this article.
[Amended 3-20-2000 by L.L. No. 1-2000]
B.
Notwithstanding the foregoing, no such affidavit shall
be required in connection with the following:
(1)
Involuntary transfer occurring as a direct result
of bankruptcy, condemnation, inheritance, foreclosure and the like,
or of sale at public auction by a municipality;
(2)
Transfer to a purchaser who has submitted to the Codes
Enforcement Officer an affidavit declaring that the structure will
be demolished within 90 days of the date of transfer; or
(3)
Transfer of individual condominium units.
C.
For purposes of this article, an affidavit of inspection
shall be considered current for a period of 60 days after its execution.
A.
Prior to the transfer of title, the owner shall cause
an inspection to be made of the premises to be conveyed. Said inspection
shall be to determine whether the subject premises has any roof drains
and/or sump pump connections to the sanitary sewer system in violation
of this article. If no such connections are found, the person or persons
performing the inspection shall so attest on a form approved by the
Codes Enforcement Officer.
B.
A licensed plumber, professional engineer or the owner
of the residential property being sold, having personal knowledge,
may attest to the facts contained in the affidavit of inspection.
A.
The affidavit of inspection that is required to be
delivered by a transferor to a transferee pursuant to this article
shall be on a form approved by the Village Board and shall recite
the following information:
[Amended 3-20-2000 by L.L. No. 1-2000]
(1)
A description of the property to be transferred and
the nature of that property (i.e., residential, commercial, retail,
industrial, recreational, etc.).
(2)
The address of the property to be transferred.
(3)
The current owner of the property and the address
of such owners after the sale.
(4)
A statement that the property to be inspected has
no roof drains and/or sump pump connections to the sanitary sewer
system in violation of this article.
(5)
The date of inspection.
(6)
The person who performed the inspection and his or
her qualifications.
B.
The affidavit shall be dated and sworn to as of the
date of the latest inspection.
The purchaser or his agent shall, within 15
days of the transfer of title, forward the original affidavit of inspection
to the Village Clerk.
[Amended 3-20-2000 by L.L. No. 1-2000]
The purchaser shall have 60 days from the date
of this transfer of title within which to notify the seller if the
property has roof drain and/or sump pump connections to the sanitary
sewer system in violation of this article. Such purchaser shall have
an action against the seller to recover any expenses incurred in disconnecting
any roof drains and/or sump pumps connected to the sanitary sewer
system in violation of this article. The existence of a civil remedy
in favor of the purchaser against the seller shall not be construed
as releasing either party from any obligations imposed by this chapter,
and shall be in addition to any fines or penalties which may be imposed
pursuant to the Minoa Municipal Code.
It shall be a violation of this article for
any person to reconnect any roof drain or sump pump to the sanitary
sewer system in violation of the article once an affidavit of inspection
has been issued.
A.
Upon discovery of a violation of the mandates of this
article, the Codes Enforcement Officer shall cause a written notice
to be sent to the seller, if appropriate, and the purchaser of the
property which has been transferred in violation hereof. Such notice
shall require the purchaser to provide the Village Clerk with an affidavit,
as required, within 15 days of the receipt of said notice, in the
event that there are no illegal roof drains and/or sump pumps connected
to the sanitary sewer system.
B.
In the event that the subject property has any roof
drain and/or sump pump connected to the sanitary sewer, the purchaser
shall, within 15 days of receipt of the notice, submit a written proposal
to the Codes Enforcement Officer for the disconnection of said roof
drains and/or sump pumps, with such written proposal to include an
estimated time of completion, which date will be within 60 days from
the date of the notice.
C.
In the event that the purchaser fails to comply with
the remedial procedures hereinbefore set forth, or if the purchaser
fails to disconnect the sump pump or roof drain within the time period
set forth in the proposal, the Village may proceed as follows:
(1)
To shut off the water service to the property which
is in violation;
(2)
To prohibit the discharge of wastewater into the sanitary
sewer system until the property is brought into compliance with the
mandates of this article;
(3)
To obtain the fines and other remedies set forth in Chapter 113 of the Minoa Municipal Code; and/or
(4)
To seek any remedy available at law or in equity.
D.
In selecting the method of enforcement, the Village
may choose to proceed with more than one method simultaneously.
[Amended 3-20-2000 by L.L. No. 1-2000]
E.
The owner of the property shall have the right to
apply for an extension of time within which to complete the disconnection
of roof drains and/or sump pumps from the sanitary sewer system in
the event that such disconnection will require extraordinary procedures
and/or monetary expenditures. The decision to grant an extension will
be solely in the discretion of the Village Board.
