[HISTORY: Adopted by the Borough Council of the Borough of Monaca 4-9-1984
by Ord. No. 752. Amendments noted where applicable.]
No structure situate within the Borough of Monaca and which is assessed
for tax purposes shall be demolished or removed from the premises on which
it is situate without first obtaining a permit from the Secretary of the Borough
of Monaca.
The Secretary of the Borough of Monaca shall not issue any permit for
such demolition or removal unless and until satisfactory proof is received
by the Borough Secretary showing whether such structure now is or during its
existence was served by Monaca water and/or sewer facilities.
[Amended 9-10-1996 by Ord. No. 822]
When a structure proposed to be demolished or removed now is or during
its existence was served by Monaca water and/or sewer facilities, the persons
requesting the permit for demolition or removal shall answer upon the application
for the permit whether the owner shall, at the owner's cost, uncover
and seal off the water and/or sewer lines, backfill the trench and then restore
the surface of the ground to its former condition or if the owner desires
the Borough employees to do the work. Failure to note such entry upon the
permit shall be construed as requesting the Borough employees to do the work.
The person requesting such permit shall, with the filing of the application,
pay a fee in an amount as set from time to time by resolution of the Borough
Council,[1] which fee shall be in
addition to any other fee or deposit as set forth for the issuance of such
permit.
[Amended 9-10-1996 by Ord. No. 822]
The Secretary of the Borough of Monaca shall, after the issuance of any such permit, give written notice to the Monaca Borough forces, advising them of the existence of such water and/or sewer facilities serving the structure to be demolished or removed and whether the Borough forces are to uncover and seal off said lines serving the premises, backfill the trench and restore the surface of the ground to its former condition. If so requested, the Borough forces shall promptly perform the same, whereupon the Borough Secretary shall transfer the fee set forth in § 96-3 to the Borough's General Fund.
[Amended 9-10-1996 by Ord. No. 822]
If the owner of the premises on which is situate the structure proposed
to be demolished or removed exercises the option to do the work and seal off
the water and/or sewer lines at his own cost, then the owner or his agent
shall notify the Borough Secretary when the seal-off point has been uncovered.
The owner shall not proceed to seal off the water and/or sewer lines or to
backfill the trench except under the supervision of an authorized Borough
employee. If the owner proceeds to do such work without the supervision of
an authorized Borough employee, then the Borough forces shall uncover the
place where the lines were sealed off to ascertain whether the seal was done
in a proper manner and then backfill the trench in the required manner, whereupon
the Borough shall retain an amount as set from time to time by resolution
of the Borough Council.[1] If the work is done under the supervision and with the approval
of an authorized Borough employee, then the Borough Secretary shall refund
the deposit to the owner of his agent.
[Amended 9-10-1996 by Ord. No. 822]
Any person or persons violating the provisions of this chapter or any
portion thereof shall, upon conviction thereof, be subject to a fine of not
more than $1,000 and, in default of payment thereof, shall be subject to 30
days' imprisonment and shall be held liable for all costs, if any, to
the Borough of Monaca attributable to the uncovering of the water main and/or
sewer main to which the lines are tapped serving or previously serving the
premises, the sealing of such tap and the return of the premises back to the
condition in which they were prior to the excavation for such purposes.
Actions against the person or persons violating any provision of this
chapter may be brought before the District Justice by civil proceedings or
criminal proceedings, or both.
