[HISTORY: Adopted by the Town Board of the Town of Conesus
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-2-2020 by L.L. No. 1-2020]
The adoption of this article is in accordance with § 10
of the New York Municipal Home Rule Law, and supersedes the following
laws, as follows:
A.
New York Public Officers Law § 3, Subdivision 1, to the
extent it requires that persons appointed to hold a local civil office,
including, specifically, Code Enforcement Officers and Inspectors,
be required to be a resident of the municipality in which they are
appointed; and
B.
New York Town Law § 23, to the extent it requires that
a person appointed to office in a town, including, specifically, Code
Enforcement Officers and Inspectors, shall be required to be a resident/elector
of the town in which he/she is appointed.
This article shall be known as and may be cited as "Local Law
No. 1 of 2020, to Set Residency Requirements for Town of Conesus Code
Enforcement Officer and Inspector to Include Local Counties." The
purpose of this article is to supersede the Town residency requirement
for Code Enforcement Officers and Inspectors of the Town of Conesus
(found in NY Public Officers Law § 3, Subdivision 1, and
NY Town Law § 23), and instead require that such officials
be a resident of one of the following New York counties: Livingston,
Monroe, Genesee, Wyoming, Allegany, Steuben, Ontario and Yates.
The Town Board of the Town of Conesus finds and hereby determines
that restricting appointment of Code Enforcement Officers and Inspectors
to those persons which reside in the Town of Conesus limits the number
of qualified individuals eligible for such positions. Thus, in order
to retain the most qualified individual(s), the Town should permit
its Code Enforcement Officers and Inspectors to reside in a local
county, instead of restricting their residency to the Town of Conesus.
A.
In the Town of Conesus, New York, the provisions of New York Public
Officers Law § 3 and/or New York Town Law at § 23,
which require town officials to be residents of the town they are
employed at, are expressly superseded for the positions of Code Enforcement
Officer and Inspector in the Town of Conesus.
B.
Instead, any person holding such position(s) in the Town of Conesus
must be a resident of one of the following New York counties: Livingston,
Monroe, Genesee, Wyoming, Allegany, Steuben, Ontario and Yates.
Should any word, section, clause, paragraph, sentence, part
or provision of this article be declared invalid by a court of competent
jurisdiction, such determination shall not affect the validity of
any other part hereof.
All other ordinances or local laws of the Town of Conesus which
are in conflict with the provisions of this article are hereby superseded
or repealed to the extent necessary to give this article force and
effect during its effective period.
This article shall be effective immediately upon its approval
and shall apply retroactively to January 1, 2020.
