The problem is - it costs serious monies to clean and sanitize sewer water. That if rain water or surface water run-off is going into the sewer sytem the municipality is spending monies needlessly cleaning and sanitizing clean water.
That if eveyone let their surface water or rain water run into the sewer system the cost would be exorbitant to the municipality to clean water that doesn't need cleaned or sanitized.
So, no doubt if there is such - the municipality wants that stopped immediately.
Our primary question is, since we're buying on Land Contract, is this our responsibility, or that of the Seller?
You would have to read your land contract. However, most likely it's your responsibility and should have had testing done of the sewer and water systems as part of your property inspection.
The only way out of that is if the seller knew of the problem but didn't disclose the problem to you - a "latent defect" which they should have disclosed.
In the law of the sale of property (both real estate
and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.
The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is not often sufficient to detect certain deficiencies in the product that can only be discovered through destructive testing or other means that a seller could not reasonably be expected to allow under normal conditions. For example, wood beams and interior brickwork often cannot be fully assessed without destructive testing, and it would be unreasonable for the seller to allow the buyer to take apart a car's engine.
As such, the law expects that buyers will protect themselves in the sales contract against defects they cannot possibly be expected to assess prior to purchase. As such, the term "latent defect" is often used as part of the guarantee clauses in a sales contract so that the buyer can recover damages
from the seller if defects turn up in the property after the sale. For example, the seller may be required to pay for repairs of any such damage.
There is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract. However, if a latent defect is discovered, there is often a presumption against the seller when a claim is made in misrepresentation that the seller knew about the latent defect. As such, the seller is required to show that he or she could not possibly have known of the defect, rather than the buyer having to show that the seller did know about the defect. However, if it can be shown the seller could not have known about the defect (and was not wilfully blind to the possibility) then the buyer's claim will not succeed.
However, when the defect could have been discovered by the buyer by a thorough inspection (a "patent defect"), the buyer cannot possibly succeed in a claim against the seller unless the seller actively took steps to hide the defect from a normal inspection.
In all cases, where a seller actively misrepresents the condition of the property, such as by taking steps to make an inspection impossible or by lying about problems when directly asked, the buyer will almost always succeed unless it can be shown that the buyer was independently aware of the defect and completed the transaction nevertheless.
Also, is there typically any "wiggle room" in their mandated time
constraints, with their understanding we intend to make the necessary
replacement? I can provide a copy of the Notice of Violation and the Land Installment Contract. Is there a place to upload or email those docs?
Yes, there is usually some "wiggle room" as to the time constraints they are dictating to you IF you can provide proof that your contractor is working on the matter and will have the issues resolved by a certain date. Each situation is different and sometimes it can't be corrected easily and quickly. So, usually if you provide an estimate from a contractor when the problem(s) are going to be resolved and a contract from a contractor - the municipality will usually give you additional time to correct the problem.
If you have any further questions, please feel free to let me know…
You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .
Please press the Accept Button(and the Smiley Face if prompted :) if I have helped you today so I am credited for my time assisting you.