[HISTORY: Adopted by the Town Council of the Town of Ellicott
as indicated in article histories. Amendments noted where applicable.
[Adopted 2-13-2017 by L.L. No. 2-2017]
[Amended 1-14-2019 by L.L. No. 1-2019]
This article shall establish residency requirements for the
appointed officer(s) of the Zoning Board of Appeals, Board of Assessment
Review and any other appointed boards or positions.
This article is adopted pursuant to Municipal Home Rule Law
§ 10, Subdivision 1(ii)a(1), which 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 within the Town of Ellicott, Chautauqua County, thereby
rendering the Public Officers Law a special law with respect to any
appointed Town officer. [See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37.]
[Amended 1-14-2019 by L.L. No. 1-2019]
This article shall supersede Town Law § 23, Subdivision
1, in its application to the officer(s) of the Zoning Board of Appeals,
Board of Assessment Review and any other appointed boards for the
Town of Ellicott.
[Amended 1-14-2019 by L.L. No. 1-2019]
The officer(s) of the Zoning Board of Appeals, Board of Assessment
Review and any other appointed boards or positions in the Town of
Ellicott need not be a resident(s) nor an elector(s) of the Town of
Ellicott; provided, however, that such person shall reside in Chautauqua
County.
All other local laws and ordinances of the Town of Ellicott
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repealed; provided, however, that such repeal shall only be to the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, word, section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This article shall take effect on February 13, 2017.
