[Adopted 3-13-1995 by L.L. No. 1-1995]
This article is enacted pursuant to the authority of Chapter
365 of the Laws of 1976, which added a new Subdivision 1d(3) of § 10
of the Municipal Home Rule Law authorizing towns to adopt a local
law which amends or supersedes any provision of the Town Law in relation
to the property, affairs or government of the town or in relation
to any of the other enumerated subject matters in such § 10,
unless there is a state legislative restriction on such amendment
or supersession.
In order to permit the Town of Eaton to secure qualified personnel
to enforce and administer the New York State Uniform Fire Prevention
and Building Code, as well as the Land Use Regulations and other local
laws of the Town of Eaton, it is deemed advantageous by the Town Board
of the Town of Eaton to enact a local law superseding the requirement
contained in Town Law § 23 and Public Officers Law §§ 3
and 30 that the Town of Eaton Code Enforcement Officer be a resident
of the Town of Eaton.
Section 23 of the Town Law and §§ 3 and 30 of
the Public Officers Law are hereby amended and superseded in their
application to the Town of Eaton to provide that the Code Enforcement
Officer of the Town of Eaton at the time of his/her appointment and
throughout his/her term of office, need not be an elector or resident
of the Town of Eaton so long as he/she is a resident of the State
of New York. A new sentence is hereby inserted at the end of §§ 23
of the Town Law and at the end of §§ 3 and 30 of the
Public officers Law, as those statutes apply to the Town of Eaton,
to read and provide as follows: "The Town Building Inspector or Code
Enforcement Officer of the Town of Eaton, by whatever title he/she
may be given and referred to, at the time of his/her appointment and
throughout his/her term of office, need not be an elector or resident
of the Town of Eaton so long as he/she is a resident of the State
of New York."
