[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.
A.Â
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.
A.Â
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:
(1)Â
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
(2)Â
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
(3)Â
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.
B.Â
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.
