Township of Kingston, PA
Luzerne County
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[Ord. 2017-7, 9/13/2017]
Prior to the sale or transfer of each lot or parcel of real property lying within the Township of Kingston, the sewer laterals and sewer connections in and on that real property shall be inspected and/or televised by the Township of Kingston, or its designated agent, at the owner's expense, to determine the condition of the sewer laterals and sewer connections. The owner of the real property subject to such sale shall notify the Township of Kingston, or its designated agent, at least 30 days prior to the proposed sale and transfer of the lot or parcel of real property and shall make all areas to be inspected and/or televised available to the Township of Kingston, or its designated agent, upon demand. If the Township of Kingston, or its designated agent, determines that the sewer laterals and/or sewer connections are in an unacceptable condition, the sewer laterals and sewer connections shall be repaired or replaced by the owner of the lot or parcel of real property, at the owner's expense, prior to the sale or transfer of ownership of the lot or parcel of said real property. The Township of Kingston, or its designated agent, shall confirm by inspection and/or televising that the sewer laterals and sewer connections have been satisfactorily repaired or replaced.
[Ord. 2017-7, 9/13/2017]
The Township of Kingston hereby designates the Dallas Area Municipal Authority ("DAMA"), a Pennsylvania general municipal authority, as its agent to create, implement, conduct, and enforce a program for the inspection of sewer laterals and sewer connections, as provided herein. The basis of this designation of agency is that the Township of Kingston is a constituent member of DAMA, under the Articles of Incorporation of DAMA, and, further, DAMA has heretofore been designated by the Township of Kingston as its agent in the provision of all water quality management services and for compliance with all terms and provisions of the Pennsylvania Sewage Facilities Act (Act 537)[1] for which the Township of Kingston has primary statutory obligation and duty.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[Ord. 2017-7, 9/13/2017]
1. 
DAMA, the designated agent of the Township of Kingston hereunder, is hereby granted all powers and is duly authorized to do all things necessary to enforce the provisions of this Part on behalf of the Township of Kingston.
2. 
The penalty for a violation of any provision of this Part shall be the commencement of an action brought before a District Justice having jurisdiction over the subject real property in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Solicitor of the municipality or its agent may assume charge of the prosecution without the consent of the Luzerne County District Attorney as required under Pennsylvania Rules of Criminal Procedure No. 83(c) in relation to the trial of summary offense cases in the enforcement of this Part.
3. 
Any person or entity convicted of the offense of violating any provision of this Part shall be subject to criminal fines not to exceed $1,000 per violation.
4. 
This Part may be enforced by the Township of Kingston, or by its designated agent, through an action in equity or law commenced in the Court of Common Pleas of Luzerne County.
[Ord. 2017-7, 9/13/2017]
The provisions of this Part of the Code of the Township of Kingston, so far as they are the same as those ordinances and regulations enforced immediately prior to the adoption of this Part, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this Part shall not affect any suit or prosecution instituted or to be instituted to enforce any prior ordinance or regulation, except as otherwise provided by law.
[Ord. 2017-7, 9/13/2017]
It is hereby declared to be the intention of the Township of Kingston that the sections, paragraphs, clauses and phrases of this Part are severable. If any section, paragraph, clause or phrase of this Part is deemed or declared to be unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not effect any of the remaining sections, paragraphs, clauses or phrases of this Part.