[Adopted 5-21-1997 by Ord. No. 443-97]
As used in this article, the following terms
shall have the meanings indicated:
An official statement from the Borough Manager stating that
there are no illegal stormwater or surface water connections into
the sanitary sewer system on the specific property which is being
sold, transferred or assigned.
Any commonly accepted method of testing wherein dye and/or
smoke is introduced into the stormwater, surface or subsurface water
collection system and downspouts of real estate property to determine
if any illegal storm or surface water is entering the sanitary sewer
system.
The connection of any basement seepage, surface water, subsurface
drains, downspouts, roof drainage or surface areaway drainage into
the sanitary sewer system.
A written letter from the proper officials of the Borough
of Franklin Park concerning municipal liens and property taxes.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the proper officer of the Borough of Franklin Park, issued pursuant to the terms of § 166-69 of this article.
[Amended 10-18-2006 by Ord. No. 548-2006; 4-18-2007 by Ord. No. 556-2007]
After the effective date of this article, as
amended, it shall be unlawful for any person to sell, transfer or
assign any real estate within the Borough of Franklin Park on which
a building or improvement exists without first delivering to the purchaser,
transferee or assignee a document of certification or a temporary
document of certification obtained from the administrative offices
of the McCandless Township Sanitary Authority.
[Amended 10-18-2006 by Ord. No. 548-2006; 4-18-2007 by Ord. No. 556-2007]
Any person selling, transferring or assigning
real estate located within the Borough of Franklin Park (hereinafter
"applicant") shall make application on a form furnished by the Borough
of Franklin Park at least 14 days before the date of sale, transfer
or assignment. The applicant shall then contact the McCandless Township
Sanitary Authority to request that MTSA perform a dye test and/or
smoke test on the property to be sold, transferred or assigned, said
smoke test to involve the use of nontoxic, nonstaining smoke, which
is forced through the real estate sewer system by the use of air blowers.
MTSA shall complete the appropriate portions on the form that the
property has been dye-tested and/or smoke-tested, and certify the
results of such test. In the event that there are no illegal stormwater
or surface water connections, the Manager or his designee shall issue
the document of certification upon the payment of an amount determined
by the rules and regulations of the Borough. When an illegal storm
or surface connection is discovered by the means of the above-mentioned
connection testing, no document of certification will be issued until
the illegal connections are removed, inspected and approved by MTSA.
A temporary document of certification may be
issued at the Borough's sole discretion only under the following circumstances:
A.
When such testing cannot be performed because of weather
conditions, the applicant shall provide the Borough with security
in the amount of $500 to guarantee that the appropriate test will
be performed. The applicant shall cause to have performed the appropriate
test at such time as weather conditions make such testing possible.
In addition, the applicant shall provide a signed written acknowledgment
from the purchaser, transferee or assignee of the real estate, agreeing
to correct, at the sole expense of said purchaser, transferee or assignee,
any violations that may be discovered as the result of subsequent
tests. Nothing in this subsection shall prohibit any purchaser, transferee
or assignee from requiring the applicant to reimburse the purchaser,
transferee or assignee for any costs incurred; provided, nevertheless,
that primary liability shall run with the land and no such agreement
shall affect the Borough's enforcement powers or excuse the current
owner from performance.
B.
When illegal stormwater or surface water connections
have been discovered and the necessary remedial activities to correct
such connection would require a length of time such as to create a
practical hardship for the applicant, the applicant may apply to the
Manager for a temporary document of certification, which may only
be issued when the applicant provides the Borough with all of the
following:
(1)
Cash security in the amount of the contract for the
completion of the necessary remedial work is posted with the Borough.
(2)
An agreement by the purchaser, transferee or assignee
to be responsible for all cost overruns related to the remedial work,
together with a license to the Borough to enter upon the property
to complete such work in case of default by the contractor. The Manager
shall determine, by regulation, when such temporary document of certification
shall expire, at which time the security shall be forfeited and the
Borough may use the security to have the necessary remedial work completed.
[Amended 4-18-2007 by Ord. No. 556-2007]
The Manager is hereby authorized, empowered
and directed to make rules and regulations for the operation and enforcement
of this article as he deems necessary, which shall include, but not
be limited to:
A.
Establishing acceptable forms of security or guarantees.
B.
Establishing the forms of application, fees and purchaser
acknowledgments.
C.
Limiting the time of year in which temporary documents
of certification are available for reasons of weather.
D.
Any person selling, transferring or assigning real
estate located within the Borough of Franklin Park must subject such
person's real property to prior inspection, including inspection of
interior premises of any building or residence, by authorized representatives
of MTSA, at reasonable hours and upon prior written notice, to determine
the presence of sump pumps or other similar devices which discharge
extraneous waters into the MTSA or the Borough sewer system. Such
person shall not be issued a document of certification until such
inspection has been performed and revealed no device discharging extraneous
waters into the MTSA or Borough sewer system or a follow-up inspection
verifies that such device found to be previously in operation has
been disconnected and removed.
E.
The MTSA shall maintain a list of plumbers who are
registered and licensed by the Allegheny County Health Department,
who shall perform the dye tests authorized herein at the request of
MTSA at the fees set by the MTSA.
F.
The provisions of this article providing for dye testing
and issuance of documents of certification shall be modified to the
extent required by any mandates of the Commonwealth of Pennsylvania
or of Allegheny County relating to such programs of testing and compliance.
G.
Such other rules and regulations as are necessary
for the operation and enforcement of this article.
Nothing in this article shall limit, in any
fashion whatsoever, the Borough's right to enforce this article or
the laws of the Commonwealth of Pennsylvania. Nothing in this article
shall be a defense to any citation issued by any municipal corporation
or the commonwealth pursuant to any other law or ordinance.
Any person, firm or corporation who shall violate
any provision of this article or fails to comply therewith or with
any of the requirements thereof, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, shall
pay a judgment of not less than $100 nor more than $600 plus costs,
including reasonable attorney's fees incurred by the Borough. A separate
offense shall arise for each day or portion thereof in which a violation
of this article is found to exist and for each section of this article
found to have been violated. The Borough may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin or
abate violations of this article. All penalties collected for violations
of this article shall be paid to the Borough Treasurer.
