ARTICLE IV: INSPECTION OF PROPERTY AT TIME OF SALE OR TRANSFER
Section 1. Purpose:
The purpose of this Article is to ensure that no real property be conveyed with any illegal connection to the Town of Essex wastewater collection and treatment system. To the extent the provisions set forth in these regulations vary from or are inconsistent with 310 C.M.R.15.000 (Title 5), these Regulations shall govern.
Section 2. Application Procedure:
This Article, governing real property connected to the Town’s sanitary sewer system, is intended to be implemented upon transfer of real property, in a manner similar to that provided under 310 C.M.R. 15.000 (Title 5). Transactions of the type described in 310 CMR 15.301(2) shall not trigger the provisions of this Article. Said transactions are as follows:
(a) taking a security interest in a property, including but not limited to issuance of a
mortgage;
(b) refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same;
(c) a change in the form of ownership among the same owners, such as placing the
facility within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries;
(d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, out right or in trust; or the death of a spouse;
(e) the appointment of or a change in a guardian, conservator, or trustee.
Any person transferring any interest in any real property shall, prior to making such transfer, apply to the Board for a certificate of compliance on a form provided by the Town and, upon receipt of a certificate of compliance, or a notice of non-compliance, as applicable, shall submit a copy of same to the buyer or other person acquiring title to such real property.
The Board will inspect the real property for compliance with these Regulations within fourteen (14) calendar days of the submission of a properly completed application form. The Board will either issue a certificate of compliance or a notice of non-compliance which identifies the nature of the non-compliance and the action required by the applicant to achieve compliance.
A Certificate of Compliance shall be valid for a period of two (2) years from the date of issuance. A Certificate of Compliance issued for a lot having a sewer connection shall be deemed to apply to all real property then in existence on the lot at the time of issuance of the Certificate of Compliance for the life of the Certificate.
Section 3. Correction of Violations:
Any applicant notified of a violation who has corrected said violation shall notify the Board of corrective measures taken on a form provided by the Town. The Board will re-inspect the property within fourteen (14) days after receipt of the notice of correction.
If the inspection demonstrates that the non-compliance has been corrected, the Board will issue a certificate of compliance within five (5) business days after completion of the inspection.
If a re-inspection demonstrates that the non-compliance has not been corrected to the Regulations of the Town, a second notice of non-compliance shall be issued to the applicant, and the procedure for correction and certification of correction shall be the same as for an original inspection. All non-compliance shall be corrected within six months of transfer of such real property.
Section 4. Prohibitions:
No person shall fail to take necessary corrective actions, as directed by the Board, arising from an inspection and issuance of a certificate of non-compliance.
Section 5. Inspection Procedures:
By making an application, the applicant grants to the Town the right of entry onto the applicant’s property for the purpose of making the necessary inspection required under these Regulations. Entry shall not occur except upon prior notice to the applicant and only during regular business hours or at another reasonable time acceptable to the applicant.
The inspection shall consist of one or more of the following procedures, as deemed applicable by the Board:
a) Visual inspection of all exposed piping and drainage systems inside and outside of the building.
b) Smoke testing by a commonly accepted method.
c) Dye testing by any commonly accepted method; and/or
d) Any other approved method at the discretion of the Board
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