[Adopted 11-16-1995 by Ord. No. 1507 (Ch. 18, Part 4, of the
1986 Code of Ordinances)]
The Mayor and the Council of the City of Washington find that
excessive stormwaters and/or surface waters are illegally routed into
the sanitary sewer system within the City, thus requiring increased
and unnecessary treatment capacity and activity and thus curtailing
the availability of tap-ins and treatment to other users who need
sanitary sewage treatment. The Mayor and Council find that the procedures,
fees and penalties provided for herein are necessary to achieve the
purposes of this article.
This article may be known and cited as the "Dye Test Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
City of Washington, Pennsylvania.
City of Washington Code, as the same may be from time to
time amended.
An official statement from the City 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.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
sanitary sewer system.
A written letter from the City Clerk concerning municipal
liens and property taxes.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the City pursuant
to the terms of § 408 of this article.
After the effective date of this article, it shall be unlawful
for any person to sell or purchase real estate within the City 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 City.
A.
Any person selling real estate located as defined in § 271-32 of this article that is located within the City (hereinafter referred to as "applicant") shall make application on a form furnished by the City at least 21 days before the date of closing the sale. The applicant shall then cause to have performed a dye test on the property to be sold. All dye tests shall be performed by an inspector appointed by the City of Washington or the Washington/East Washington Joint Authority (hereinafter referred to as "inspector").
B.
The inspection fee shall be in the sum of $70 or another amount set
by resolution of the Mayor and Council of the City of Washington.
The inspection fee shall be paid to the City at the time of making
the application referred to in this section.
[Amended 1-12-2006 by Ord. No. 1753; 1-11-2007 by Ord. No. 1767]
C.
Such inspector shall complete the appropriate portions on the form and certify that the property has been dye tested and certify the results of such test. In the event there are no illegal stormwater or surface water connections, the City Clerk or his/her designate shall issue a document of certification upon payment of such fee as set by resolution of the City. When an illegal stormwater or surface water connection is discovered by means of the above-mentioned dye test, no document of certification will be issued until the illegal connections are removed and certification of such removal by an inspector is received. An additional inspection fee shall be paid by the applicant for each inspection subsequent to the first inspection referred to in Subsection A.
A document of certification 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 document of certification shall not be required in the following
instances:
A.
When property is refinanced but no conveyance takes place.
B.
When an improvement to real estate has been recently constructed
in accordance with a valid building permit and has been inspected
by the 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.
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 located has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit.
D.
When the real estate is such that tap in to the sanitary sewer system
is not required by law or ordinance.
A temporary document of certification may be issued at the City's
sole discretion, when:
A.
The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the City with security in such amount as the Mayor and Council
by resolution shall establish to guarantee that the dye test will
be performed. The applicant will cause to have the dye test performed
within 14 days of written notification from the City or the Washington/East
Washington Joint Authority, which will be given at such time as weather
conditions make the dye test possible. In addition, the applicant
shall provide a signed written acknowledgment from the purchaser agreeing
to correct, at purchaser's sole cost and expense, any violations
that may be discovered as a result of subsequent dye tests. 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 shall run with the land, and no such
agreement shall affect City's enforcement powers or excuse the
current owner from compliance with this Code.
B.
When an illegal stormwater 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 City Clerk for a temporary
document of certification, which may only be issued when the applicant
provides the City with all of the following:
(1)
A bona fide executed contract between the applicant and an inspector
to complete the necessary remedial work, with the City listed therein
as third-party beneficiary.
(2)
Cash security in the amount of said contract is posted with the City.
(3)
A written agreement by the purchaser to be responsible for all cost
overruns and extras related to the remedial work, together with a
written license to enter upon the property to complete work in case
of default of the contractor referred to above.
C.
The City Clerk shall determine when such temporary document of certification
shall expire. Upon expiration, the security shall be forfeited, and
the City may use the security to have the necessary remedial work
completed.
[Amended 1-11-2007 by Ord. No. 1767]
A.
A request for a municipal lien or tax certification letter must be
accompanied by a valid document of certification and payment of the
required fees, which shall be delivered to the City Clerk at least
seven days before such letters are to be provided. The amount of the
fee of each item shall be established by resolution of the Mayor and
Council.
B.
Where requested by a property owner or his agent and subject to time
availability, as determined solely by the City, the City may issue
municipal lien and tax certification letters on two days' notice
upon the payment of an expedition fee in addition to the fees set
forth above. The amount of the expedition fee shall be established
by resolution of the Mayor and Council of the City of Washington.
The City Clerk is hereby empowered to undertake the duties imposed
by this article, including, but not limited to:
A.
The Mayor and Council of the City may, by resolution, change from
time to time the fees authorized in this article.
B.
The City shall charge the sum of $25 for all municipal lien letters
and $25 for tax certification letters. Such fees shall be paid by
the applicant prior to the issuance of the municipal lien letters
and tax certification letters. The Mayor and Council of this City
may, by resolution, change from time to time the fees authorized in
this article.
[Added 1-12-2006 by Ord. No. 1753]
Nothing in this article shall limit in any fashion whatsoever
the City'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 other law or ordinance.
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
[Amended 12-7-2006 by Ord. No. 1766]
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
[Added 12-7-2006 by Ord. No. 1766]
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include, but
not be limited to, an action in the Court of Common Pleas of Washington
County, Pennsylvania for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City 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
or entity 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 City, incurred
in enforcing the provisions of the article.
[Added 12-7-2006 by Ord. No. 1766]
D.
Whenever any person violating any of the provisions of this article
is notified of such violation in writing by the City Clerk, each day
or portion thereof a violation occurs or continues shall constitute
a separate violation.
E.
In addition to and not in lieu of the foregoing, the City may seek
equitable and legal relief to compel compliance with this article.
