[Adopted 3-18-1991 by Ord. No. 757; amended in its entirety 3-20-1995 by Ord. No. 798]
The terms used in this article shall have the
meanings set forth as follows:
A written letter from the borough concerning municipal liens
and claims.
Any commonly accepted plumbing test wherein dye is introduced
into the storm- or surface water collection system of real property
to determine if storm- or surface water is entering the sanitary sewer
system.
An official statement from the borough stating that it has
on file a written statement from a licensed plumber that there are
no illegal storm- or surface water connections into the sanitary sewer
connections which would violate borough or county ordinances, the
state statutes or borough, county or state plumbing regulations.
The discharge of basement seepage or groundwater, or the
connection of downspouts, roof drainage or surface or areaway drainage
into the sanitary sewer system.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement from the borough used pursuant to the terms of § 191-18 of this Article.
After the effective date of this Article, it
shall be unlawful for any person to sell or convey real property within
the borough on which a building or improvement exists without first
delivering to the purchaser evidence of compliance or temporary evidence
of compliance from the borough.
Any person (hereinafter "applicant") selling
or conveying real property within the borough shall make application
for evidence of compliance on a form furnished by the borough at least
14 days before the date of sale or conveyance. The applicant shall
then have a plumber who is registered and licensed by the Allegheny
County Health Department perform a dye test on the real property to
be sold or conveyed. The plumber shall complete the appropriate portions
of the form confirming that the property has been dye tested and certifying
the results of such test. In the event that there are no illegal storm-
or surface water connections, the Borough Secretary or her designee
shall issue evidence of compliance upon payment of a fee which shall
be set forth by the Borough Council. If the dye test reveals the existence
of an illegal storm- or surface water connection, no evidence of compliance
will be issued until the illegal connections are removed and certification
of such removal by a registered licensed plumber is received.
Temporary evidence of compliance may be issued
at the borough's sole discretion when either:
A.
The applicant proves that dye 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 test will be performed. The applicant will cause the dye test
to be performed within 14 days of written notification from the borough,
which will be given at such time as weather conditions make the dye
test 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 test. 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
B.
When an illegal storm- 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
Secretary for temporary evidence of compliance, which may only be
issued when the applicant provides the borough with all of the following:
(1)
A bona fide executed contract between the applicant
and a registered licensed plumber legally requiring the plumber to
complete the necessary remedial work and granting the borough the
legal power to enforce the contract.
(2)
Cash security in the amount of said contract, posted
with the borough.
(3)
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. The Borough Secretary shall determine by regulation
when such temporary evidence of compliance shall expire, and the applicant
and the purchaser shall be advised of the expiration of the temporary
evidence of compliance, the security shall be forfeited and the borough
may use the security to have the necessary remedial work completed.
A request for a borough lien letter must be
accompanied by valid evidence of compliance and a lien letter fee
in an amount which shall be set forth by the Borough Council, all
of which shall be delivered at least seven days prior to the day said
letters are to be provided.
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
from time to time by resolution of Council.
Nothing in this Article shall limit in any fashion
whatsoever 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 any municipal corporation 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 sentenced to pay a fine of not
more than $1,000 and, in default of such payment of fine and costs,
shall be imprisoned for a period of not exceeding 30 days; provided,
however, that each day's continuance of the violation of any provision
of this article shall constitute a separate offense.
