[Adopted 7-8-2002 by Ord. No. 2-2002]
The following terms shall be defined as follows:
Any commonly accepted method of testing, including but not
limited to dye, cameras, and/or smoke, of the storm or surface water
collection system and downspouts of real estate property to determine
if illegal stormwater or surface water is entering the sanitary sewer
system.
An official report from a plumber or testing agency, subject
to the penalties of 18 Pa.C.S.A. § 4904, verifying and affirming
there are no illegal storm or surface water connections into the sanitary
sewer system on the specific property which is being sold.
The connection of any basement seepage, surface water, downspouts,
interior and exterior french drains, roof drainage or surface areaway
drainage into the sanitary sewer system.[1]
A written letter from the proper official of the City of
Lower Burrell concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, Authority, estate personal representative, fiduciary,
or other entity recognized by law as the subject of rights and duties.
Any real property, inside or outside City boundaries, which
generates sanitary sewage transported through the sanitary sewer line
owned or maintained by Lower Burrell, including, but not limited to,
real property.
A temporary report from a plumber or testing agency, issued pursuant to the terms of § 238-51 of this article.
A.Â
No owner or occupant of property tapped into the City sewer system
shall discharge, or permit the discharge, of any stormwater, surface
water, roof runoff, cooling water or unpolluted industrial process
waters into said sanitary sewer system.
B.Â
The City employees or its designated agents are hereby authorized
to conduct periodic tests, and any other appropriate test or inspection,
of all existing sewer systems, laterals, and structures tapped into
the City sewer system for compliance with this article and other laws
pertaining to sewer systems and structures.
C.Â
Every owner of occupant of property tapped into the City sewer system
shall submit to a test. Testing will not be required when the owner,
lessee, or occupier of the land produces a valid plumber's inspection
report issued by a plumber or testing agency, which shall be sufficient
proof of compliance for purposes of this section for a period of one
year from the date of issuance.
D.Â
When illegal stormwater or surface water connections have been discovered,
all necessary remedial work to correct such connection shall be completed
by the owner of occupant of the premises, weather permitting, within
two months of the date they receive notification of the illegal connection.
(1)Â
In the event the necessary remedial work would create severe economic
hardship for the owner or occupant of the premises, application may
be made to the City Treasurer for one extension of up to an additional
six months to complete said remedial work.
(2)Â
In the event the owner or occupant of the premises fails to effect
the necessary remedial work within the time permitted, including any
extension thereof, the City Council may undertake to have the necessary
remedial work completed at the expense of the owner or occupant of
the premises, and to make any necessary arrangements for the payment
of said work by the owner or occupant of the premises on an installment
basis, which arrangements shall be mutually satisfactory to the owner
or occupant. Under such circumstances, in the event satisfactory arrangements
are not agreed upon by the City Treasurer and the owner or occupant,
the City Council may do any or all of the following:
(a)Â
File, pursuant to 53 P.S. § 7101, a lien against such
property for the expense incurred by the City to perform the work
plus 6% interest per annum plus penalty of 5% of the amount due, which
lien shall remain in effect until payment in full or sale of the property
occurs, which lien shall also include all City legal fees and costs
incurred in connection with such lien; or
(b)Â
The City Council may, pursuant to 53 P.S. § 39601,
sue the property owner or occupant in a civil action to recover the
amount due, plus interest, plus costs, plus City attorney's fees as
permitted by law.
A.Â
Any person selling, conveying or transferring property tapped into
the sewer system of the City ("applicant") shall make application
on a form furnished by the City, accompanied by a nonrefundable fee
of $25 or such other fee as may be set from time to time by resolution
of the City Council, at least 14 days before the date of the sale.
The applicant shall then have a plumber or testing agency perform
tests on the property to be sold. The plumber or testing agency shall
complete the appropriate portions on the form that the property has
been tested, and verify and affirm the results of such tests.
B.Â
When an illegal storm or surface water connection is discovered by
the means of the above-mentioned testing, a notice will be issued
to the applicant informing the applicant of the illegal connection
and that a municipal lien and property tax verification letter will
not be issued until the illegal connections are removed.
A temporary plumber's inspection report may be accepted by the
City Treasurer, in his/her discretion, only under the following circumstances:
A.Â
When in the opinion of the City Engineer, such testing cannot be
performed because of weather conditions, the applicant shall provide
the City Treasurer with:
(1)Â
Security in the amount of $200 or such other amount as may be set
from time to time by resolution of the City Council, to guarantee
that the present and/or future property owner will submit to performance
of the tests required on the City form, Plumber's Inspection Report.
The City Treasurer will require the appropriate tests to be made at
such time as weather conditions are deemed appropriate by the City
Engineer. Upon performance of such tests and certification of test
results to the City Treasurer by the tester, the $200 security will
be disbursed by the City Treasurer to the applicant.
(2)Â
A signed written acknowledgement from the purchaser of the real estate,
agreeing to correct any violations that may be discovered as the result
of subsequent tests and agreeing that no building or occupancy or
land use approval of any kind will be issued for the said property
until all required corrective work has been completed.
B.Â
Nothing in this article shall prohibit any purchaser from requiring
the applicant to reimburse the purchaser for any costs incurred; provided,
nevertheless, that primary liability shall run with the land and no
such agreement shall affect the City's enforcement powers or excuse
the current owner from performance.
C.Â
When illegal stormwater or surface water connections have been discovered
and the necessary remedial activities to correct such illegal connection
would require a length of time, in excess of two months, such as to
create a practical hardship for the applicant, the applicant may ask
the City Council to accept a temporary plumber's inspection report,
which may only be accepted when the applicant provides the City with
all of the following:
(1)Â
A copy of an executed contract entered into by the property owner
and a qualified contractor providing for the performance of the necessary
corrective work;
(2)Â
Security in the amount of the contract for the completion of the
necessary remedial work is posted with the City Treasurer; and
(3)Â
An agreement by the purchaser to be responsible for all costs of
the remedial work in excess of the contract amount, together with
a license to the City to enter upon the property to complete such
work in case of default by the contractor and an agreement by the
purchaser that no building or occupancy permit or land use approval
of any kind will be issued for said property until all required corrective
work is completed. The City Council shall determine when such temporary
plumber's inspection report shall expire, at which time the security
shall be forfeited, and the City Council may use the security to have
the necessary remedial work completed.
The City Council may make reasonable rules and regulations for
the operation and enforcement of this article as they deem necessary,
which shall include, but not limited to:
A.Â
Establishing acceptable forms of security or guarantees;
B.Â
Establishing the forms of application, fees and purchaser acknowledgements;
C.Â
Limit the time of year in which temporary plumber's inspection reports
are available for reasons of weather;
D.Â
Such other rules and regulations as are necessary for the operation
and enforcement of this article.
Nothing in this article shall limit, in any fashion whatsoever,
the City Council's right to enforce its ordinances or the laws of
the Commonwealth of Pennsylvania. 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.
Any person violating any of the provisions of this article,
and any person refusing to permit to testing as required herein, shall,
upon conviction thereof before any Magisterial District Judge or other
issuing authority, be sentenced to pay a fine of not more than $1,000
for each and every offense, and costs, and in default of payment of
said fine and costs, to be imprisoned for a period not exceeding 90
days. Whenever such person shall have been notified in writing by
first class mail, by the City, that such person is violating this
article, each day that such person shall continue such violation shall
constitute a separate offense punishable by a like fine hereunder
upon conviction thereof. A person may also be prosecuted under the
Pennsylvania Crimes Code, 18 Pa.C.S.A. § 4904, in addition
to this article, if the plumber's inspection report is not true.
