[Adopted 9-25-2017 by L.L. No. 4-2017]
This article establishes the residency requirements for the appointed office of Town Code Enforcement Officer.
This article is adopted pursuant to Municipal Home Rule Law, § 10, Subdivision 1(ii)a(1), that grants to local governments the authority to enact local laws regarding the qualifications of local officers. This article recognizes that the State Legislature previously amended Public Officers Law § 3, expanding the residency requirements for any appointed public office, 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) and No. 2000-5.]
This article shall supersede Town Law, § 23, Subdivision 1, in its application to the office of Town Code Enforcement Officer for the Town of East Bloomfield.
The person holding the office of Town Code Enforcement Officer in the Town of East Bloomfield need not be a resident nor an elector of the Town of East Bloomfield; provided, however, that such person 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laws and ordinances of the Town of East Bloomfield that are inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and in all other respects this article shall be in addition to such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 upon filing in the office of the New York Secretary of State in accordance with § 27 of Municipal Home Rule Law.