[Adopted 6-8-2004 by Ord. No. 687]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Churchill, Allegheny County, Pennsylvania.
A written letter from the Borough concerning municipal liens
or municipal property taxes.
An official statement of the Borough that it has on file
a written statement that there are no illegal storm or surface water
connections into the sanitary sewer system which would violate Borough
or county ordinances, the state statutes or Borough, county or state
plumbing regulations.
Any dye test performed by the Borough or a registered plumber
whereby dye is introduced into the storm or surface water collection
system of real property to determine if storm or surface water is
entering the sanitary sewer system.
The discharge of basement seepage or groundwater or the connection
of downspout, roof drainage or surface or areaway drainage into the
sanitary sewer system.
Real property on which any building, driveway or parking
pad, or other surface or subsurface improvement has been constructed,
installed or erected.
[Added 6-12-2023 by Ord.
No. 770]
Those persons who may be designated to enforce the terms
and conditions of this article and who shall have the authority to
bring legal proceedings for the violation of this article.
Any person, partnership, association, syndicate, firm. corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties. The singular shall include the plural
and the masculine shall include the feminine and the neuter.
A natural person registered and licensed by the Allegheny
County Health Department to perform maintenance and repair of plumbing
systems.
[Added 6-12-2023 by Ord.
No. 770]
The sale, transfer or conveyance of any interest in real
property, including any involuntary conveyance by either tax or Sheriff
sale and/or by and through any bankruptcy or other judicial proceeding;
provided, however, that the following are not a sale or transfer under
this article: i) a transfer of property involving spouses incident
to marriage or divorce; or ii) a refinancing of real property, without
a conveyance. "Sale or transfer" shall also include when property
improvements are undertaken, when said improvements require a building
permit and an Allegheny County plumbing permit and involve the removal,
replacement, repair, rehabilitation and/or installation of plumbing
facilities.
[Added 6-12-2023 by Ord.
No. 770]
The sewer line/lateral from a structure to the connection
to the publicly owned sanitary sewer system, including the wye at
the public sewer line, as well as all fresh air vents, cleanouts and
traps.
[Added 6-12-2023 by Ord.
No. 770]
A temporary statement from the Borough issued pursuant to
the terms of this article.
A process whereby a camera is placed into, is run through
and video records the inside of a sewer lateral for the purpose of
detecting defects. Such inspection must be completed by a National
Association of Sewer Service Companies (NASSCO) certified contractor
in accordance with NASSCO pipeline assessment standards and approved
by the Borough. Any defects found to have a Level 3 or higher shall
be deemed a failure. More than two Level 2 defects in a given sanitary
sewer lateral shall also be deemed a failure. The Borough may also
utilize other methods of testing to detect the flow of water in the
sewer drainage system where appropriate and in accordance with rules
adopted and approved by the Borough, in which case, the alternate
method shall be considered to be a video camera inspection for purposes
of this article.
[Added 6-12-2023 by Ord.
No. 770]
The Ordinance Compliance Officer is authorized
in the course of performing the Borough's program of repair. rehabilitation,
maintenance and replacement of publicly owned sanitary sewers, when
s/he identifies leaking, deteriorating or poorly constructed private
sanitary sewer laterals and/or sanitary sewer service connections,
to provide written notice to the property owner or owners as to the
condition of such sanitary sewer laterals and/or service connections,
together with an order that such leaking, deteriorating or poorly
constructed sanitary sewer laterals and/or service connections must,
at the property owner's expense, be repaired, replaced, or rehabilitated
within 10 calendar days of the date of written notice and order. If
the unsatisfactory condition does not create a health hazard, the
Ordinance Compliance Officer, upon request of the property owner,
may extend the 10 days to 30 calendar days.
[Amended 6-12-2023 by Ord. No. 770]
A.
It shall be unlawful for any person to sell or transfer improved
property within the Borough without first delivering to the purchaser
of said improved property a certificate of compliance or temporary
certificate of compliance issued by the Borough.
B.
Any person, hereinafter referred to as "applicant," selling improved
property within the Borough shall make application for a certificate
of compliance or temporary certificate of compliance. Said application
must be made on a form furnished by the Borough at least 21 days'
prior to the date of closing said sale transaction. The applicant
shall secure performance of a dye test and video camera inspection
on the improved property to be sold, which shall be conducted by a
plumber. Said plumber shall complete a form, to be furnished by the
Borough, confirming that said improved property has been dye tested
and that the sanitary sewer lateral has been subject to a video camera
inspection, and certifying the results of the same. Said plumber shall
also furnish a recorded copy of the results of the video camera inspection
in DVD-video format to the Ordinance Compliance Officer. If no illegal
storm or surface water connection or other illegal connection are
identified, and no defects are found in the sanitary sewer lateral
during the video camera inspection, upon presentation of the completed
form with acceptable test results and findings to the Ordinance Compliance
Officer, the Borough Manager or his or her designee shall issue a
certificate of compliance to the applicant, contingent upon payment
by the applicant to the Borough of a fee in an amount set forth from
time to time by resolution of Borough Council. All costs of the tests
and inspections required under this article shall be the responsibility
of the property owner.
C.
If the dye test, video camera inspection, or other investigation
reveals the existence of an illegal storm or surface water connection
or other illegal connection, then no certificate of compliance will
be issued to the applicant until the illegal connections are removed
and certification of such removal by a plumber is received and an
acceptable application form is submitted to the Ordinance Compliance
Officer. If a defect is sighted in the sanitary sewer lateral, whereby
stormwater, groundwater, or surface water is allowed to flow into
the lateral, no certificate of compliance will be issued to the applicant
until the sanitary sewer lateral line is repaired by a plumber and
said repairs are certified by the same.
[Added 6-12-2023 by Ord. No. 770[1]]
A.
A temporary certificate of compliance may be issued in the good faith
discretion of the Ordinance Compliance Officer under the following
circumstances:
(1)
The applicant proves to the satisfaction of the Ordinance Compliance
Officer that a dye test and/or video camera inspection cannot be performed
because of weather conditions. In those circumstances, the applicant
shall submit to the Borough cash security in the amount of $2,500
to guarantee that the dye test and/or video camera inspection will
be performed as provided hereinbelow. In addition, the applicant must
submit to the Borough a written acknowledgement, notarized and signed
by the purchaser of the improved property being sold or transferred,
whereby said purchaser agrees to correct, at the purchaser's
sole expense and cost, any violations discovered as a result of said
subsequent dye test and/or video camera inspection. Subsequently,
the applicant shall cause the dye test and/or video camera inspection
to be performed within 14 days of receipt of a written notification
of approval from the Borough. No provision of this subsection shall
prohibit an agreement between the applicant and the improved property
purchaser, requiring the applicant to reimburse said purchaser for
any costs incurred pursuant to this article; provided, however, that
primary responsibility and liability for correction of any illegal
connection shall be acknowledged by both the applicant and the purchaser
to run with the land, and, provided further, that no agreement between
the applicant and the purchaser shall affect the Borough's power
to enforce the provisions of this article or other Borough ordinances
or excuse any owner of said real estate from full performance or compliance.
(2)
An illegal storm or surface water connection, or other illegal connection,
or a defect in the sanitary sewer lateral, whereby stormwater, groundwater,
or surface water is allowed to flow into the sanitary sewer lateral,
is discovered and the necessary remedial actions to correct such illegal
connection would require such length of time as would create a practical
hardship for the applicant or the purchaser, then the applicant may
apply to the Borough for a temporary certificate of compliance, which
temporary certificate of compliance may be issued only when applicant
provides the Borough with all of the following:
(a)
A bona fide, fully signed and executed written contract between
the applicant and a plumber, obligating the plumber to complete the
necessary remedial work and granting the Borough status as a third-party
beneficiary of said written contract, with full legal and equitable
power to enforce any and all of the provisions of said written contract.
(b)
Cash security in the total amount of said contract, including
labor and materials, which security must be submitted to the Borough
with the application forms.
(c)
The Ordinance Compliance Officer shall determine in good faith,
based upon all the circumstances, when such temporary certificate
of compliance shall expire. The applicant and the purchaser shall
be advised of the expiration date. Upon expiration of the temporary
certificate of compliance without all work having been completed,
the security shall be forfeited to the Borough, and the Borough may
use the security to have the necessary remedial work completed. If
the remedial work is completed prior to the expiration date, the Borough
shall return the security to the applicant or his or her designee.
[Amended 6-12-2023 by Ord. No. 770]
Any person violating any of the provisions of this article shall,
for each offense or violation thereof, be subject to the payment of
a fine of not more than $600, plus costs, upon conviction therefor
before the District Justice of the Borough, or, in default thereof,
may be imprisoned for a period of not more than 30 days. Each day
that any such violation shall be permitted to exist shall constitute
a separate offense under this article.
