[Adopted 4-20-1995 by L.L. No. 1-1995 (Ch. 14 of the 1994
Code)]
This article shall be entitled "Code Enforcement Official."
Whenever there is a reference in the Code to "Zoning Officer,"
"Building Inspector," "Code Enforcement Officer" or any similar such
designation, such reference shall be deemed to refer to the Code Enforcement
Official of the Town of Lowville.
The office of the Code Enforcement Official of the Town of Lowville,
Lewis County, New York, shall be an appointed office, and the person
so appointed shall be named by the Town Board on an annual basis.
For the purpose of this article, the following terms shall have
the meanings indicated:
The actual principal domicile of an individual, where he
or she normally sleeps and maintains usual personal and household
effects.
Notwithstanding the provisions of Town Law § 23 and
Public Officers Law § 3, the Code Enforcement Official need
not be a resident of the Town of Lowville as a qualification of employment.
However, the person appointed as the Code Enforcement Official must
reside in the County of Lewis or an adjoining county within one month
of the date of appointment or the employment of such person shall
terminate.
A.
Should it be alleged that the Code Enforcement Official is not in
compliance with the residency provisions of this article, the Town
Board may initiate a hearing by providing the Code Enforcement Official
with written notice of his or her alleged violation and shall allow
such person seven calendar days in which to respond. If there is a
failure to respond, or if, in the judgment of the Town Board, the
response is not sufficient to satisfy the residency requirements of
this article, the Town Board shall set a date to hear the charge of
nonresidence. The Code Enforcement Official shall be sent a notice
of the hearing date at least 10 calendar days prior to the hearing.
Should the Code Enforcement Official establish residency to the satisfaction
of the Town Board prior to the hearing date, it shall result in a
cancellation of the hearing authorized by this section.
B.
The Town Board may, in writing, designate an individual to be vested
with the powers of the Town Board for purpose of conducting the hearing,
who shall then refer the hearing record and his or her recommendations
to the Town Board for review and decision. Should the Town Board determine
that the Code Enforcement Official is a nonresident in violation of
this article, the Code Enforcement Official shall be notified, in
writing, that he or she has been deemed to have voluntarily resigned
from employment as of the date of the determination.
