(a) General. After the effective date of this section, it shall be unlawful for any person to sell real estate within the Borough of which a building or improvement exists, without first delivering unto the purchaser a Document of Certification or Temporary Document of Certification from the proper officers of the Borough.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Document of Certification” is an official statement from the proper officer of the Borough stating that there are no known illegal storm or surface water connections into the sanitary sewer on the specific property which is being sold.
(2) “Illegal storm or surface water connections” includes, but is not limited to, the discharge of down spouts, roof drainage, surface areaway drainage, or foundation or basement drainage into the sanitary sewer system.
(3) “Municipal Lien and Property Tax Verification Letter” is a written letter from the proper official of the Borough concerning municipal liens and property taxes.
(4) “Person” means any person, syndicate, associate, partnership, firm, corporation, institution, agency, authority, or any entity recognized by law as the subject of rights and duties.
(5) “Temporary Document of Certification” is a temporary statement of certification from the proper officer of the Borough issued pursuant to the terms of subsection (d) hereof.
(c) Document of Certification Application. Any person selling real estate located within the Borough (hereinafter “applicant”) shall make application on a form furnished by the Borough at least fourteen days before the date of sale. The applicant shall then permit a representative of the Wastewater Treatment Department or a State certified Sewage Enforcement Officer to perform a dye test, smoke test or air test of the sewer drainage system on the property to be sold, said smoke test to involve the use of nontoxic, non-staining smoke, which is forced through the sewer system by the use of air blowers or other visual inspections as may be necessary. The Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a State certified Sewage Enforcement Officer shall also have the right to rely on the results of any internal televising of the main sewer completed by the Wastewater Treatment Department or its contractor. The Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a state certified Sewage Enforcement Officer shall complete the appropriate portions on the form and certify that the property has been dye tested, smoke tested or air tested and certify the results of such test. The Borough must receive a copy of said results. When an on-lot septic system is involved, such certification must be provided by a State certified Sewage Enforcement Officer. In the event that there are no illegal storm or surface water connections and the existing drainage system is sound, the Wastewater Treatment Plant Operator or his designate, upon review of any required submitted documentation, shall issue a Document of Certification. When an illegal storm or surface water connection or malfunctioning drainage system or malfunctioning on-lot septic system is discovered by the means of the above- mentioned testing, no Document of Certification will be issued until the illegal connections/malfunctioning drainage system are removed/repaired, the system retested and certified satisfactory by the Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a State certified Sewage Enforcement Officer. There shall be a charge of one hundred fifteen dollars ($115.00) for the initial testing. The cost for retesting shall be based upon the actual man hours (minimum fifty dollars ($50.00)).
(d) Temporary Document of Certification. A Temporary Document of Certification may be issued at the sole discretion of the Wastewater Treatment Plant Operator or his designate when either:
(1) The applicant proves that such testing cannot be performed because of weather conditions, and when such is the case, the applicant shall provide the Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a State certified Sewage Enforcement Officer with written authorization to perform the test as soon as weather permits. In addition, the applicant shall provide a signed written acknowledgment from the purchaser of the real estate, agreeing to correct, at the said purchaser's sole expense, any violations/defects that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser from requiring the applicant to reimburse the purchaser 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 to excuse the current owner from performance.
(2) When an illegal storm or surface water connection or malfunctioning drainage system or malfunctioning on-lot septic system, has 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 Wastewater Treatment Plant Operator or his designate for a Temporary Document of Certification which may only be issued when the applicant provides all of the following:
A. A bona fide executed contract between the applicant and a contractor approved by the Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a State certified Sewage Enforcement Officer to complete the necessary remedial work with the Borough listed therein as a third party beneficiary;
B. An agreement by the applicant and/or purchaser to be responsible for all cost overruns related to the remedial work, together with a license to the Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a State certified Sewage Enforcement Officer to enter upon the property to complete work in case of default by the contractor. If the corrective work is not completed by ninety days from the date of the contract, the temporary certification shall expire. In this event, the Wastewater Treatment Plant Operator or his designate or in the event of an on-lot septic system, a state certified Sewage Enforcement Officer shall be authorized to enter the property, complete the repairs under contract and lien the property for the costs of said repairs.
(e) The Wastewater Treatment Plant Operator or his designate is hereby authorized, empowered and directed to make reasonable rules and regulations for the operation and enforcement of this section as he deems necessary, which shall include, but not be limited to:
(1) Establishing acceptable forms of security or guarantees;
(2) Acceptable testing methods;
(3) Establishing the forms of applications, purchaser acknowledgments and plumber certifications;
(4) Limiting the times of year in which Temporary Documents of Certificate are available for reasons of weather.
All rules and regulations issued pursuant to this section shall be in writing and be approved by the Borough prior to such rules and regulations being effective.
(f) Nothing in this section shall limit, in any fashion whatsoever, the Borough's rights to enforce any ordinance, resolution or law of the Borough or Commonwealth of Pennsylvania. Nothing in this section shall be a defense of any citation issued by any municipal corporation or the Commonwealth pursuant to any other law, ordinance or resolution.
(g) Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this section, or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction before any district justice, be sentenced to pay a fine of one thousand dollars ($1,000) and costs of prosecution, and in default of payment thereof, to imprisonment for a term not to exceed ninety days.
(Ord. 2427. Passed 4-21-08; Res. 2008-7. Passed 6-16-08.)