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repealed; provided, however, that such repeal shall only be to the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.