[Amended 6-19-2017 by Res. No. 2017-762; 11-19-2018 by L.L. No. 25-2018]
No person shall transfer title to another person, nor accept from any other person the transfer of title to any structure or parcel of land upon which a residential structure, constructed prior to 1965, is located within the Town of Amherst Consolidated Sanitary Sewer District unless and until a duly authorized representative of the Town Engineering Department, shall have inspected the sump pump system, interior floor drains, footing drains, yard drains, roof drains and downspouts, catch basins and parking lot drains on said structure or parcel of land and that the same is found to be in compliance with the provisions of this chapter, specifically § 160-5(B) and 160-6(A), restricting the discharge of unpolluted waters into the sanitary sewer system in the Town of Amherst Consolidated Sanitary Sewer District; and the Town Engineer has issued a certificate of compliance stating likewise. This section shall not apply to transfers of property by gift, intestacy or testamentary disposition; transfers pursuant to the Federal Bankruptcy Act; transfers under Erie County in rem property tax foreclosures; transfers for which consideration is $100 or less; and transfers in connection with a partition.
The property owner shall request a time of sale inspection by filing an application at the Town's Engineering Department when said structure or parcel of land is placed for sale and prior to the sale of said property. The fee required for this inspection shall be based upon resolution by the Town Board. Upon successful inspection, the Town Engineer will issue a certificate of compliance. If the inspection fails, the Town Engineer will issue a notice of violation to the property owner(s) describing prohibited discharges and recommendations to remedy such discharges. When required, all permits necessary to remedy violations must be obtained from the Town's Building Department. The fee required for such permits shall be based upon resolution by the Town Board.
The Town Engineer may temporarily waive the requirement of a Certificate of Compliance as a prerequisite to transfer of title, as specified in the preceding section, provided that the waiver is requested no later than 10 working days prior to the expected closing for said transfer:
The seller makes a written request to the Town Engineer and such request includes a written, itemized quote from a plumber licensed in the Town of Amherst which provides for correction of all identified discharges and addresses all recommendations specified in the notice of violation; and
The seller and purchaser shall have filed with the Town Engineer a Waiver of Certificate of Compliance to correct any deficiencies to the sump pump system, interior floor drains, footing drains, yard drains, roof drains and downspouts, catch basins and parking lot drains on said structure or parcel of land within 90 days after closing of sale or a period of time specified by the Town Engineer; and
The purchaser shall have provided a sum equal to $1,500. Such sum shall be payable by personal check, certified check or bank draft payable to the Town of Amherst at closing; such sum will be returned to the purchaser if the corrections are completed within the time specified in the guaranty, but which sum will be forfeited to the Town of Amherst if needed corrections are not completed within the timeframe specified.
In the event that the needed corrections are not completed within the time specified in the written guaranty, the temporary waiver issued by the Town Engineer shall immediately expire, and the purchaser shall be subject to the penalties as determined by the Town Engineer.
Article XVII of this Local Law shall take effect immediately.