A local law to establish the residency requirements for the
appointed office of Building Inspector and Code Enforcement Officer.
This article is adopted pursuant to Municipal Home Rule Law,
§ 10[1][ii][a][1] that grants to local governments the authority
to enact local laws regarding the qualifications of local officers.
Furthermore, this article recognizes that the State Legislature amended
Public Officers Law, § 3, adding a new subdivision (24)
expanding the residency requirements for any appointed public office
in the Town of Greenburgh, Westchester County, thereby rendering Public
Officers Law a special law with respect to any appointed Town officer
[See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
This article shall supersede New York State Town law, § 23(1)
and the Public Officers Law, § 3(1) in its application to
the office of Building Inspector and Code Enforcement Officer for
the Town of Ballston.
The person(s) holding the office of Building Inspector and Code
Enforcement Officer in the Town of Ballston need not be a resident
nor an elector of the Town of Ballston; provided, however, that such
person(s) shall reside in the county in which such Town is located
or an adjoining county within the State of New York.
All other local laws and ordinances of the Town of Ballston
that are inconsistent with the provisions of this article are hereby
repealed; provided however, that such repeal shall only be to the
extent of such inconsistency and in all other respects this article
shall be in addition to such other local laws or ordinances regulating
and governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation of the clause, sentence, paragraph, worked section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This article shall take effect immediately.