[Adopted 6-30-2004 by Ord. No. 04-07]
No person, firm, corporation, real property owner, lessee, occupier, developer or contractor shall cause or permit the discharge of surface water, rainwater, snowmelt, stormwater or groundwater into the sanitary sewers of the Borough of Bellevue.
No person, firm, corporation, property owner, lessee, occupier, developer or contractor shall connect or cause or permit to be connected to the sanitary sewers of the Borough of Bellevue any rain leader, roof drain, downspout, gutter, parking lot drain, driveway drain, interior or exterior sump, french drain, spring or other source or device capable of carrying surface water, rainwater, snowmelt, stormwater, or groundwater into the sanitary sewers of the Borough of Bellevue.
Every owner of real property shall repair and maintain in good condition all sanitary sewer laterals from structures located upon the owner's real property to the public sanitary sewer maintained by the Borough of Bellevue. The degree of maintenance required shall be such as to meet federal, Commonwealth of Pennsylvania, and County of Allegheny laws and regulations and conform to leakage specifications for the material used.
A. 
Every owner, lessee or occupier of residential land within the Borough of Bellevue shall submit to dye testing under this article conducted by the Borough of Bellevue, its employees, contractors and/or its agents or, alternatively, shall contract with a licensed plumber to perform such a dye test after receiving notice from the Borough that the Borough will be performing such a dye test. Any such dye test done by a licensed plumber directly for the owner, lessee or occupier shall be done in accordance with the standard methodology identified by the Borough and shall be viewed by a Borough employee, who will also provide access to manholes.
B. 
Every owner, lessee or occupier of commercial, industrial or other business property shall be required to contract with a licensed plumber to perform a dye test after receiving notice from the Borough that such a dye test is required.
C. 
For the purposes of dye testing under this article, any single-family house that has been converted to four or fewer dwelling units shall be considered to be a residential building.
D. 
Any owner, lessee or occupier who believes that there is not a need to perform a dye test due to the belief that there are no pipelines or drains with underground connections may request a visual inspection of the property to confirm that belief. If the visual inspection confirms that there are no underground connections, the Borough will waive the dye test requirement.
A. 
The officers, employees, contractors and agents of the Borough of Bellevue as appointed or hired by the Town Council are hereby authorized and directed to conduct dye tests and such visual and other related appropriate inspections, at a cost to be paid by the property owner, of any rain leader, roof drain, downspout, gutter, parking lot drain, driveway drain, interior or exterior sump, french drain, spring, or other source or device capable of carrying surface water, rainwater, snowmelt, stormwater or groundwater into the sanitary sewers of the Borough of Bellevue.
B. 
The Borough shall require the authorized dye testing of all residential, commercial, industrial and other business structures to begin no sooner than August 9, 2004, and not later than January 1, 2005. The requisite testing of all properties shall be accomplished prior to May 31, 2007.
C. 
The purpose of the dye tests and related inspections shall be to determine that the residential, commercial, industrial and other business structures are in compliance with this article and all regulations promulgated hereunder and all other ordinances, laws and regulations pertaining to sewer systems and structures.
D. 
The Borough of Bellevue, its officers, employees, contractors or agents shall give at least 30 days' written notice of the need for the dye testing and visual inspection program and of the approximate date of the dye tests and visual inspections to be conducted. All property owners or their agents shall be required to pay the appropriate fee and shall make application as noted in § 215-25 herein on a form furnished by the Borough of Bellevue for such testing within two weeks of the date of the notice. The failure of the property owner to complete an application shall not negate the authority for the Borough of Bellevue to conduct such dye testing as is required by this article. The failure of the property owner to complete an application shall result in the Borough completing the application, performing the required dye test and further inspections as necessary, and also filing a lien against such property pursuant to the Pennsylvania Municipal Claims Act, which lien shall remain in effect until payment is made in full with interest, including all appropriate administrative costs, legal fees, and court costs.
E. 
All dye testing and visual inspections shall be performed between the hours of 8:00 a.m. and 5:00 p.m., prevailing time, unless the owner or occupant of the structure requests another reasonable time for the convenience of the owner or occupant(s).
F. 
Any commercial, industrial or other business property owner and any residential property owner that selects the option to have a licensed plumber perform the dye test at their property as indicated in § 215-21 shall inform the Borough of such a test at least four weeks in advance of the test so that a Borough employee may be scheduled to witness the test and open manholes. The property owner shall provide the Borough of Bellevue with a written report signed by the licensed plumber on a form to be supplied by the Borough of Bellevue attesting to the results of the dye test within five working days of the dye test.
G. 
The Borough of Bellevue shall provide the property owner with a written notice of any illegal or improper connection to the sanitary sewer system found as a result of such dye tests conducted by the Borough of Bellevue or based on the report received from the licensed plumber.
H. 
For all notices required under this section of this article, the Borough of Bellevue shall provide such notice by regular mail, postage prepaid, addressed to the owner of the property at the property or at such other address for the owner as maintained in the Borough of Bellevue records. The notice shall be deemed to have been received seven days after mailing, unless returned by the United States Post Office to the Borough of Bellevue.
A. 
When illegal surface water, rainwater, snowmelt, stormwater or groundwater connections or conditions from a structure have been discovered by dye testing conducted by the Borough of Bellevue or by a licensed plumber, all necessary remedial work to correct such illegal or improper connection and/or condition shall be completed by the owner, lessee or occupier of the premises as specified in accordance with § 215-24 of this article.
B. 
Illegal or improper connections from rain leaders, roof drains, downspouts, gutters, parking lot drains, driveway drains, interior or exterior sumps, french drains, springs or other sources carrying water into the sanitary sewers shall be eliminated at the earliest of the following times:
(1) 
Prior to the date the property is sold or otherwise conveyed to another owner.
(2) 
Within three months upon receipt of notification to the property owner that the adjacent street and/or sewer line(s) within said street will be resurfaced or reconstructed.
(3) 
Not later than November 30, 2007.
C. 
In the event that the owner of the premises is unable to effect the necessary remedial work within the time permitted, the Borough of Bellevue shall undertake to have the remedial work completed at the expense of the owner of the premises and to make the necessary arrangements for the payment of the cost of such work by the owner of the premises on an installment basis mutually satisfactory to the Borough of Bellevue and the owner of the premises with the time period not to exceed three years. Interest shall be charged on such installment payments at the rate of 10% per annum calculated monthly. Under such circumstances, the Borough of Bellevue shall also file a lien against such property pursuant to the Pennsylvania Municipal Claims Act, which lien shall remain in effect until payment is made in full with interest, including all appropriate administrative costs, legal fees, and court costs.
A. 
Acceptable remediation of an illegal or improper connection to the Borough of Bellevue's sanitary sewer system under this article shall mean that the illegal or improper connection is disconnected from the sanitary sewer system of the Borough of Bellevue and removed, if necessary, and access to the sewer at the location capped or sealed; and such source shall be discharged: (1) to the storm sewer system of the Borough of Bellevue if, in the opinion of the Borough Engineer, such connection is reasonably feasible; or (2) to the curb drain in the public streets of the Borough of Bellevue if, in the opinion of the Borough Engineer, such connection is feasible; (3) to a surface outlet or collection device located wholly upon the subject property; or (4) if none of (1), (2) or (3) is feasible, in the opinion of the said Borough Engineer, then to a dry sump or other device located wholly on the subject property. Such remediation shall be constructed in accordance with specifications prepared by the contractor for the property owner and approved by the Borough of Bellevue or Borough Engineer.
B. 
Prior to beginning remediation of an illegal connection, the owner shall prepare and file with the Borough of Bellevue Code Enforcement Office a written plan documenting to the satisfaction of the Borough of Bellevue the proposed remediation, including: (1) a measurement of the surface area drained by each outlet to be remedied; (2) a list of materials to be used; and (3) the disposition of the water for each outlet. The plan shall be subject to review and approval by the Borough of Bellevue prior to the commencement of any remedial work. Upon plan approval, the Borough of Bellevue Code Enforcement Officer shall certify the approval upon the plan. A copy of the approved plan shall be kept on file with the Borough of Bellevue. Upon rejection of the plan, if the plan is determined to be not acceptable the Borough shall return the plan to the applicant and shall state the reason(s) for the rejection.
C. 
Prior to the commencement of any work on the remediation of an illegal or improper connection, the owner and/or his agent shall procure all necessary and required building permits, street opening permits, sidewalk opening permits, and other approvals and permits that may be necessary to accomplish the work.
D. 
Prior to covering any work to remedy an illegal or improper connection under this article, the owner, lessee or occupier shall submit the site to inspection by the Borough of Bellevue through its Code Enforcement Officer (CEO), Department of Public Works (DPW) personnel, or the Borough Engineer. The Borough of Bellevue CEO, DPW personnel, or Borough Engineer shall reject any work which does not conform to an approved plan, the Borough's specifications or this article. Rejected work shall be promptly removed by the owner and replaced by conforming work.
E. 
In no event is water to be discharged upon or across public or private sidewalks or discharged or directed onto adjacent property. Aboveground piping shall not be permitted in any situation.
F. 
Upon completion of the remediation of any illegal or improper connections in accordance with an approved plan filed with the Borough, the Code Enforcement Officer of the Borough shall issue a certificate of compliance as to that property.
G. 
The Borough of Bellevue shall provide a stormwater outlet pipe for each property parcel through curbs, where it is feasible to do so, in every street that it resurfaces or reconstructs in order to assist property owners in providing a means to allow for the collection of rainwater from downspouts, driveways, walkways, etc., on private property.
A. 
A fee of $25 shall be paid to the Borough of Bellevue by the person requesting the dye test or requesting a visual inspection to confirm that a dye test is not needed at the time he makes the application. Said charge shall compensate the Borough of Bellevue for the administrative cost of the application.
B. 
A fee, as determined by contractual requirements through a competitive bidding process, shall also be charged for conducting the dye test whether by the Borough's own employee or by a designated agent of the Borough of Bellevue.
C. 
An additional fee of $10 shall be paid to the Borough of Bellevue by any person having a licensed plumber perform a dye test in lieu of having the Borough perform the dye test. Said charge shall compensate the Borough of Bellevue for the cost of wages for the employee viewing the dye test.
D. 
The above-noted fees shall remain in full force and effect until modified from time to time by resolution of the Town Council of the Borough of Bellevue.
A. 
It shall be unlawful for any person, firm, corporation, property owner, or developer to sell any real estate within the Borough of Bellevue on which a building or improvement exists without first delivering to the purchaser a document of certification or a temporary document of certification from the proper officers of the Borough of Bellevue that a dye test certification was obtained within the previous five years for such real estate.
B. 
Any person, firm, corporation, property owner, or developer selling real estate located within the Borough of Bellevue shall be required to pay the appropriate fee and shall make application as noted in § 215-25 herein on a form furnished by the Borough of Bellevue to have a dye test performed on the building at least 30 days before the date of sale, unless such property has been so tested and a dye test certification has been obtained within the previous five years. The Borough of Bellevue and/or its contractor or agent or a licensed plumber hired by the seller shall then perform a dye test on such real estate, unless such property has been so tested and a dye test certification has been obtained within the previous five years. The said dye test is to involve the use of nontoxic, nonstaining dye, which is drained through rain leaders, roof drains, downspouts, gutters, parking area drains, driveway drains, interior and exterior sumps, french drains, springs and any other source or device capable of carrying surface water, rainwater, snowmelt, stormwater or groundwater. The Borough of Bellevue or its agent or the licensed plumber hired by the seller shall complete the appropriate form that the property has been dye tested and certify the results of such test. In the event that there are no illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connections, the Code Enforcement Officer or his designee shall issue a document of certification upon the additional payment of $10. When an illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connection is discovered by the means of the above-mentioned testing, no document of certification will be issued until the illegal or improper connections are removed, inspected and approved by the Borough of Bellevue in accordance with § 215-24 of this article.
The Borough of Bellevue will provide a notice to property owners at least six months prior to any planned resurfacing and/or reconstruction of the roadway or sewer line(s) adjacent to the property. Upon such notification to the owner of the property by the Borough of Bellevue that the roadway or sewer line(s) adjacent to the property is to be resurfaced or reconstructed, the owner shall be required to pay the appropriate fee and shall make application as noted in § 215-25 herein, on a form furnished by the Borough of Bellevue, to have a dye test performed on the building or request a visual inspection if he believes that there is not a need to perform a dye test due to the belief that there are no pipelines or drains with underground connections, within 30 days of the date of the notice unless such property has been so tested and a dye test certification has been obtained within the previous five years. The said dye test is to involve the use of nontoxic, nonstaining dye which is drained through rain leaders, roof drains, downspouts, gutters, parking area drains, driveway drains, interior and exterior sumps, french drains, springs and any other source or device capable of carrying surface water, rainwater, snowmelt, stormwater or groundwater. The Borough of Bellevue and/or its contractor or its agent or a licensed plumber hired by the owner shall complete the appropriate form that the property has been dye tested and certify the results of such test. In the event that there are no illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connections, the Code Enforcement Officer or his designee shall issue a document of certification upon the additional payment of $10. When an illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connection is discovered by the means of the above-mentioned testing, the illegal connections shall be removed, inspected and approved by the Borough of Bellevue in accordance with § 215-24 of this article prior to the scheduled start of construction of the roadway and/or sewer line(s).
All owners of real property that have not been subject to a dye test under this article by November 30, 2006, shall be subject to a mandatory dye test performed on the building by the Borough of Bellevue or its agent or a licensed plumber hired by the owner within the following six-month time period. The property owner shall be notified in writing by mail of this requirement. The property owner shall be required to pay the appropriate fee and shall make application as noted in § 215-25 herein, on a form furnished by the Borough of Bellevue, to have a dye test or a visual inspection if he believes that there is not a need to perform a dye test due to the belief that there are no pipelines or drains with underground connections performed on the building within 30 days of the date of the notice. The said dye test is to involve the use of nontoxic, nonstaining dye which is drained through rain leaders, roof drains, downspouts, gutters, parking area drains, driveway drains, interior and exterior sumps, french drains, springs and any other source or device capable of carrying surface water, rainwater, snowmelt, stormwater or groundwater. The Borough of Bellevue and/or its contractor or its agent or a licensed plumber hired by the owner shall complete the appropriate form that the property has been dye tested and certify the results of such test. In the event that there are no illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connections, the Code Enforcement Officer or his designate shall issue a document of certification upon the additional payment of $10. When an illegal or improper surface water, rainwater, snowmelt, stormwater or groundwater connection is discovered by the means of the above-mentioned testing, the illegal connections shall be removed, inspected and approved by the Borough of Bellevue in accordance with § 215-24 of this article not later than May 31, 2007.[1]
[1]
Editor's Note: Original Section 12 of Ord. No. 04-07, regarding waivers, which immediately followed this section, was repealed 5-1-2007 by Ord. No. 07-10, pursuant to and at the direction of the Allegheny County Health Department.
The Director of Administrative Services and the Code Enforcement Officer are hereby authorized, empowered and directed to make reasonable rules and regulations for the operation and enforcement of this article as they deem necessary, including the appointment of an agent or agents to conduct the said dye tests. All rules and regulations issued pursuant to this section shall be in writing and approved by the Town Council of the Borough of Bellevue prior to such rules and regulations being effective.
A. 
All charges as authorized under this article that are not paid when due, at the option of the Town Council, shall be filed as a municipal lien at the cost of the property owner and shall further cause the said amount(s) to incur interest at the rate of 10% per annum (0.833% per month) from the date the municipal claim or lien is filed; and further, there is hereby imposed, in addition to the said interest and court costs, reasonable attorneys' fees incurred by the Borough of Bellevue in the preparation, filing and collection of said costs.
B. 
Attorneys' fees imposed and assessed will be as set forth in Chapter 172, Municipal Claims and Liens, Article II, Attorneys' Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person, firm, corporation, property owner, lessee, occupier, developer or contractor who shall fail, neglect or refuse to comply with or who shall otherwise violate the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Every calendar day after the owner of a property has received written notice of any violation of this article shall constitute a separate violation of this article and he shall be subject to pay the fine as specified in Subsection A hereof for each day the property remains in violation.