[Adopted 6-8-1976 as Ord. No. 184]
[Amended 8-26-1992 by Ord. No. 329]
No person, association, firm, partnership or
corporation shall henceforth sell to any purchaser any piece, parcel,
tract or lot of land situate in the Borough of Economy not served
by a public or on-site sewage system without providing, in writing,
that said sale is contingent upon the real property to be conveyed
meeting the requirements necessary for the issuance of a permit for
the installation on said land of an on-site sewage treatment system
as prescribed by the Pennsylvania Sewage Facilities Act, Act No. 208,
as amended,[1] unless a public sewer is available for connection thereto.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
In the event that the real property in question
fails to meet the necessary requirements aforesaid for the issuance
by a certified Sewage Enforcement Officer of a permit for an on-site
sewage treatment system, the purchaser shall have the right and option
to rescind said sale or agreement of sale, where applicable; have
same rendered null and void; and be entitled to the return of all
moneys paid to the seller towards the purchase of said real property.
If the seller gives the purchaser the aforementioned
notice in writing, the purchaser shall, within 90 days from the date
of said notice, have the property tested to determine whether the
property meets the requirements necessary for the issuance of a permit
for an on-site treatment sewage system. If the purchaser fails to
take this action within a ninety-day period, he shall lose his right
to rescind the sale or agreement of sale and shall not be entitled
to the return of any moneys paid to the seller towards the purchase
of said real property.
In the event that the seller fails to give the
purchaser the aforementioned required written notice, and the purchaser
fails to have the property tested within one year from the date of
sale or agreement of sale, the purchaser shall lose his right to rescind
the sale or agreement of sale and shall not be entitled to the return
of any moneys paid towards the purchase of said property.
The seller shall have the option of having the
property tested and a permit issued to the purchaser; and if said
property meets the soil and percolation requirements, the seller shall
be relieved from any further obligation hereunder to the purchaser.
[Amended 2-10-1987 by Ord. No. 274]
Any person, association, firm, partnership or
corporation violating any provision or regulation of this Article
shall, upon conviction thereof before any District Justice, be fined
a sum not more than $300 and, upon any default of payment of such
fine, may be committed to the Beaver County Jail for a period not
exceeding 90 days.
