Inspection and Certificate Required Upon Sale, Lease, Rental, or Change in Occupancy. No owner shall sell, lease, rent or otherwise permit occupancy or change in occupancy for residential or nonresidential purposes of any building in the Borough without first obtaining from the Borough Building Department a certificate stating that no sump pump or other device which discharges drainage resulting from rainwater, springs, wells or other ground water is connected to the sanitary sewer system in violation of § 31-1101 of this article. No purchaser shall purchase property unless the seller has obtained the required certificate of sump pump compliance prior to closing and no tenant or lessee shall occupy premises unless the owner or landlord has obtained the required certificate of sump pump compliance prior to such occupancy.

Inspection and Certificate Required Upon the Borough Engineer or Director of Public Works Certifying that There Is Substantial Evidence of an Illicit Connection to the Sanitary Sewer System. If at any time the Borough Engineer or Director of Public Works believes there is substantial evidence that a sump pump (or other device which discharges drainage resulting from rainwater, springs, wells, or other ground water, including but not limited to downspouts) has been connected be connected to the Borough sanitary sewer system, the Borough Engineer or Director of Public Works shall provide a certification to the Borough Administrator that such evidence exists, upon which the Borough Administrator shall direct that the property in question be subject to immediate Inspection by the Zoning Officer.

The Borough reserves the right to use whatever tests are available to determine the existence of illicit connections to the Borough sanitary sewer system. The Borough also reserves the right to inspect properties in order to enforce these prohibitions. If tests or inspections are conducted which might cause some inconvenience or discomfort if an illicit connection exists, it shall be recognized that any such inconvenience or discomfort, or other effect of the test or inspection, is of less value and importance than the effects of such illicit connection on the health, comfort and welfare of the residents of the Borough and, consequently, there shall be no cause for action against the Borough in law or in equity.

No person shall obstruct, hinder, delay or interfere with by force or otherwise, the Director of Public Works, the Borough Zoning Officer, or their designees in their exercise of any power or discharge of any function or duty under the provisions of this article.

No person shall provide, utter or render any false statement, false report, false document, false plans, or false specifications to the, the Borough Zoning Officer, or their designees to obstruct, hinder, delay or interfere with the provisions of this article.

Any owner of a property found to have violated this article or to have caused, constructed, installed, permitted the construction or installation of an illicit connection to the sanitary sewer system of any sump pump or other device which discharges drainage resulting from rainwater, springs, wells, or other ground water, including but not limited to downspouts, shall be subject to the fines and penalties set forth in this section.

The minimum fine shall be $100 per day for each violation, and an additional $100 per day for each day that an unlawful discharge continues, beyond the time limit provided for remediation in the notice of violation served by the Borough pursuant to § 31-1102a4 or b3 of this article. Each day a violation continues beyond the time limit to remediate shall be deemed a separate offense, and each day in which a notice of violation continues to be unabated shall constitute an additional $100 a day penalty until the violation(s) has been abated.

In addition, any person who makes or causes such discharges or constructs or permits any illicit connection shall be liable to the Borough for expense, loss or damage incurred by the Borough as a result of such violation.

Lien to Be Placed on the Property. All charges, prices, costs, expenses, rents, interest or penalties, or any of them, as established herein, shall be and remain a lien attaching to the property, the same as all other taxes and municipal charges upon real estate under the laws of the State of New Jersey, for the collection of taxes and other municipal liens upon real estate.

Penalties for Continuing Violations. Upon any repeated violation of any section of this article, the Borough reserves the right to bring charges against the violator in municipal court, asking the court to impose any penalties authorized by N.J.S.A. 40:49-5, including but not limited to one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum set forth in this article.