[Ord. No. 119, 4/14/1930,
§ 1; as amended by Ord. No. 12-13-1989, 12/13/1989]
All dwelling houses, stores, churches, schools or other occupied
buildings, or any premises accessible to the public sewer in the Borough,
shall be connected with said sewer, and said sewer shall be maintained
in accordance with specifications approved by resolution of Borough
Council.
[Ord. No. 119, 4/14/1930,
§ 2]
It shall be unlawful for any person or persons to use, maintain
or operate any privy, privy vault or cesspool on any property, lot
or piece of ground abutting or contiguous to any public sewer within
the Borough limits or to connect any such privy vaults or cesspool
with a public sewer in said Borough.
[Ord. No. 119, 4/14/1930,
§ 3]
No privy, privy vaults, cesspool or other similar receptacle
for sewage will be constructed, maintained, or used in any part of
the Borough where a public sewer is accessible or capable of being
attached to or used.
[Ord. No. 119, 4/14/1930,
§ 4]
The Borough Secretary of the Borough is hereby authorized and
empowered to issue and serve or cause to be served notice giving at
least 45 days time to connect with sewers, and to discontinue the
use of any cesspool or privy vault now in use where a sewer is accessible,
and to have said cesspools and privy vaults cleaned and filled up,
and its use thereafter discontinued as provided by this Part.
[Ord. No. 63, 7/24/1922,
§ 1; as amended by Ord. No. 12-13-1989, 12/13/1989]
Any person wishing to connect a building sewer to the sewer
main or lateral, or to repair or replace portions of the sanitary
sewer, shall apply for a permit and pay the requisite inspection fee
which shall be established pursuant to a resolution of Borough Council.
[Ord. No. 63, 7/24/1922,
§ 2]
No surface water or water from the roofs of buildings carried
down by conductor pipes shall be connected with or allowed or permitted
to enter the sanitary sewer system now constructed in the Borough.
[Ord. No. 63, 7/24/1922,
§ 4 and Ord. No. 119,
4/14/1930, § 5; as amended by Ord. No. 12-13-1989, 12/13/1989; by Ord. No. 10112006, 10/11/2006; and by Ord. No. 2013-001, 5/8/2013]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, and costs, or, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Every day that a violation of this Part continues shall constitute
a separate offense. If any such violation continues in excess of six
months, water service to the property may be terminated at the owner's
expense.
[Added by Ord. No. 06142006, 6/14/2006]
1.
Prohibited
and/or Faulty Connections. No person(s), home, residence, building
or other contributor to the Borough's sewage conveyance shall
make, allow or have a connection of roof downspouts, groundwater sump
pump, groundwater, roof runoff, foundation drains, areaway drains,
or subsurface drainage directly or indirectly into said building sewer
(lateral) or conveyance. All internal and external sewer lines or
conveyances must be in proper operating condition to prevent the infiltration
of water or debris into the sanitary system. If replacement of an
existing lateral is required and a wye connection at the main is made
available by the Borough, connection of said lateral shall be made
to said wye. Any and all renovations, remodels, alterations, additions
and new construction that contributes additional capacity to the sanitary
sewer shall be required to have the lateral inspected for compliance
with Borough Code.
[Amended by Ord. No. 07112007, 7/11/2007]
2.
Certificate
of Inspection. It shall be unlawful for any owner of real property
in Erie County, Pennsylvania, whose property is connected to the Borough's
public sanitary sewer system to sell, convey, assign, or transfer
any real property, or for any person to facilitate the sale, conveyance,
assignment or transfer of any real property, by deed, agreement of
sale, or otherwise, or for any person not already an owner thereof
to acquire an interest in any such real estate without first securing
a certificate of inspection and compliance issued by the Borough's
Code Enforcement Officer, henceforth identified as "Officer," or his
designee, with respect to the real property being transferred, certifying
that an inspection has been performed and compliance achieved relative
to all the rules and regulations of the Borough relative to tapping
into, discharging into, or connection with the Borough's public
sanitary sewer system. Any such inspection and certificate as may
be issued by the Borough shall be pursuant to the inspection and is
not intended to be an express or implied warranty or guarantee against
the presence of any items of violation or noncompliance that were
not apparent to the Borough Officer or his designee. An exception
to this requirement shall exist for property that is transferred to
or from the Borough or that is transferred by Erie County or by any
court or official action. An inspection shall be done and notification
given to the person obtaining the property from the Borough of the
necessary repairs needed and a time limit to complete said repairs.
If it is determined that repair or replacement is necessary, all required
repairs shall be made within 90 days from the date of inspection or,
in the case of official action, 90 days from issuance of the deed
to said property.
[Amended by Ord. No. 07112007, 7/11/2007]
3.
Application
for Certificate. An application for certificate of inspection shall
be made to the Borough Officer, or his designee, on forms furnished
by the Borough and shall be accompanied by a fee in such amount as
the Borough of Wesleyville sets, from time to time, by resolution
or by ordinance, including any such resolution at the annual Borough
meeting. The initial fee for the application and inspection required
for a certificate of inspection and compliance, upon the effective
date of this section, shall be $180 for sewer inspections; this fee
will change and be set and reset by resolution from time to time.
If reinspections are necessary on any corrections made at the property,
there will be a charge of $40 for this mandatory reinspection.
4.
Issuance
of Certificate of Inspection and Compliance. Upon receipt of a properly
completed application for a certificate of inspection and compliance,
the Borough's Officer or his designee shall physically inspect
the real property to be transferred and shall determine its compliance
with the Borough rules and regulations relative to its connection
to the public sanitary sewer system. If the Officer, as aforementioned,
determines compliance, he shall issue a certificate of inspection
and compliance, authorizing the transfer of the real estate. If the
Officer determines noncompliance, he shall separately set forth each
violation or items of noncompliance and the required remedial action
in order for a certificate of inspection and compliance to be issued
and shall promptly forward a copy of his finding to all parties in
interest. Upon notification of the remedial action having been completed,
the Officer shall reinspect the real estate to be transferred and,
if in compliance, shall issue a certificate of inspection and compliance.
If, upon reinspection, the Officer determines that all necessary remedial
action has not occurred, he/she shall identify that remedial action
still required and shall promptly forward a copy of his findings to
all parties in interest. No certificate of inspection and compliance
shall be issued until all remedial action shall have been completed
in a manner satisfactory to the Officer.
[Amended by Ord. No. 2014-002, 5/28/2014]
5.
Inspection.
All users of the Borough's sanitary sewage system shall allow
the Borough of Wesleyville, or its designees, access to any and all
structures being provided such sewer services for the purpose of inspection
to determine compliance under this section.
6.
Appeals.
Any person or persons aggrieved by a decision of the Officer may,
within 30 days of being so aggrieved, file a written appeal of said
decision to the Code Enforcement Officer of the Borough of Wesleyville.
Said appeal shall be in writing and set forth, in reasonable detail,
the particular decision(s) by the Officer to which exception is taken,
the reason for the exception being taken and the proposed remedy.
Upon receipt of an appeal, the Code Enforcement Officer of Borough
of Wesleyville, within 30 calendar days of receipt, shall permit a
hearing in accordance with Section 111, "Means of Appeals," of the
current International Property Maintenance Code, as adopted.
[Amended by Ord. No. 07112007, 7/11/2007]
8.
Severability.
The provisions of this section shall be severable, and, if any of
the provisions hereof shall be held unconstitutional, void or otherwise
unenforceable, such shall not affect the validity of any of the remaining
provisions of said section.
9.
Repealer.
All ordinances or parts of ordinances conflicting with any of the
provisions of this section are hereby repealed insofar as the same
affects this section.
10.
Penalty.
Any person violating any provision of this section shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600, plus costs
of prosecution, and, in default of payment of such fine and costs,
to undergo imprisonment for a period not to exceed 30 days. Each day
that the violation continues shall be a sole and separate offense.
If any such violation continues in excess of six months, water service
to the property may be terminated at the owner's expense.
[Amended by Ord. No. 10112006, 10/11/2006; and by Ord. No. 2013-002, 5/8/2013]
[Added by Ord. No. 2015-001, 8/12/2015]
1.
Certificate
of Inspection. It shall be unlawful for any owner of real property,
or a structure located on real property, in Erie County, Pennsylvania,
whose property or structure is connected to the Borough of Wesleyville's
public sanitary sewer system to raze, demolish, or otherwise remove
a house, building, or structure without first securing a certificate
of inspection and compliance issued by the Borough's Code Enforcement
Officer ("Officer"), or his designee, with respect to said real property
or structure, certifying that an inspection has been performed and
compliance achieved relating to all the rules and regulations of the
Borough relative to tapping into, discharging into, and connection
and disconnection with the Borough's public sanitary sewer system.
Any such inspection and certificate as may be issued by the Borough
shall be pursuant to the inspection and is not intended to be an express
or implied warranty or guarantee against the presence of any items
of violation or noncompliance that were not apparent to the Borough
Officer or his designee. An exception to this requirement shall exist
for property owned by the Borough or being demolished by official
legal action of the Borough.
2.
Terms
of Inspection and Capping of Lateral. In connection with said inspection,
a video inspection of the sewer lateral must be conducted prior to
the removal of the structure. Said lateral must meet requirements
as to preventing infiltration of water into the sewer system. If and
when said lateral passes the inspection, the lateral shall be sealed
off as close as possible to the main without disrupting other connecting
laterals. If the property owner wishes to maintain the lateral for
future use, it must be sealed as close as possible to the right-of-way.
When possible, as determined by the Borough, the lateral must be equipped
with a sweep connection to permit future inspections. In all cases,
the lateral inspection and capping off of the lateral must be inspected
and approved by the Code Enforcement Officer.
3.
Application
for Certificate. An application for a certificate of inspection shall
be made to the Borough Officer, or his designee, on forms furnished
by the Borough and shall be accompanied by a fee in such amount as
the Borough sets, from time to time, by resolution or by ordinance,
including any such resolution at the annual Borough meeting. The initial
fee for the application and inspection required for a certificate
of inspection and compliance, upon the effective date of this section,
shall be $180 for sewer inspections. This fee will change and be set
and reset by resolution from time to time. If reinspections are necessary
on any corrections made at the property, there will be a charge of
$45 for this mandatory reinspection.
4.
Issuance
of Certificate of Inspection and Compliance. Upon receipt of a properly
completed application for a certificate of inspection and compliance,
the Borough Officer or his designee shall, within 10 calendar days,
physically inspect the real property containing the house, building,
or structure to be removed, and shall determine its compliance with
the Borough rules and regulations relative to the connection to the
public sanitary sewer system and this and any other rule, regulation,
or ordinance, and shall determine the terms of the sealing off of
the lateral. Upon determination of compliance and inspection and approval
of the lateral inspection and capping off of the lateral, then the
Officer shall issue a certificate of inspection and compliance confirming
compliance with this section. If the Officer determines noncompliance,
he shall separately set forth each violation or items of noncompliance
and the required remedial action in order for a certificate of inspection
and compliance to be issued and shall promptly forward a copy of his
findings to all parties in interest. Upon notification of the remedial
action having been completed, the Officer shall, within two working
days, reinspect the property and, if in compliance, shall immediately
issue a certificate of inspection and compliance. If, upon reinspection,
the Officer determines that all necessary remedial action has not
occurred, he shall identify that remedial action still required and
shall promptly forward a copy of his findings to all parties in interest.
No certificate of inspection and compliance shall be issued until
all remedial action shall have been completed in a manner satisfactory
of the Officer.
5.
Inspection.
All users of the Borough's sanitary sewage system shall allow
the Borough of Wesleyville, or its designees, access to any and all
structures being provided such sewer services for the purpose of inspection
to determine compliance under this section.
6.
Appeal.
Any person or persons aggrieved by a decision of the Officer may,
within 30 days of being so aggrieved, file a written appeal of said
decision to the Code Enforcement Officer of the Borough of Wesleyville.
Said appeal shall be in writing and set forth, in reasonable detail,
the particular decision(s) by the Officer to which exception is taken,
the reason for the exception being taken, and the proposed remedy.
Upon receipt of an appeal, the Code Enforcement Officer within 30
calendar days of receipt shall permit a hearing in accordance with
Section 111 "Means of Appeals" of the current International Property
Maintenance Code, as adopted.
7.
Violations
and Penalty. Any person violating any provision of this section shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, plus costs of prosecution, and, in default of payment of such
fine and costs, to undergo imprisonment for a period not to exceed
30 days. Each day that the violation continues shall be a sole and
separate offense.
8.
Severability.
The provisions of this section shall be severable, and, if any of
the provisions hereof shall be held unconstitutional, void, or otherwise
unenforceable, such shall not affect the validity of any of the remaining
provisions of said section.
9.
Repealer.
All ordinances or parts of ordinances conflicting with any of the
provisions of this section are hereby repealed insofar as the same
affects this section.
