LL #07-2001Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.) S '1-a:
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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G* of-- WApPINGER---------------------------------------------------------
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Town
Local Law No. ------- #Z-------------------------- of the year 20Q1___
A local law ______entitled_ "Local Law Exempting the Position of Deputy Building Inspector
uu<.t titre)
of the Town of Wappinger from Residency Requirements Imposed by
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New York -State---Town Law Section 23."
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Be it enacted by the -------- OWN--B.OARD----------------------------------------------------------------- of the
(.Name of L egislative Body)
Town
of ------ y.[APPINGER--------------------------------------------------------------------- as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -?39 (Rev. 11/99)
(1)
LOCAL LAW # 7 OF THE YEAR 2001
EXEMPTING THE POSITION OF DEPUTY BUILDING INSPECTOR
OF THE TOWN OF WAPPINGER FROM RESIDENCY REQUIREMENTS
IMPOSED BY NEW YORK STATE TOWN LAW SECTION 23
A Local Law entitled "Local Law Exempting the Position of Deputy Building Inspector of
the Town of Wappinger from Residency Requirements Imposed by New York State Town Law
Section 23".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title: Local Law Exempting the Position of Deputy Building Inspector of the
Town of Wappinger from Residency Requirements Imposed by New York State Town Law
Section 23.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 7
of 2001, entitled "Local Law Exempting the Position of Deputy Building Inspector of the Town of
Wappinger from Residency Requirements Imposed by New York State Town Law Section 23".
Section II: Legislative Intent:
The Town Board acknowledges that Section 23.1. of the New York State Town Law
requires every officer of the town at the time of his appointment and throughout his term of office to
be an elector of the town. However, Section 23.1. of the Town Law has exempted the residency
requirement for the Deputy Building Inspectors employed by the Town of North Salem, County of
Westchester, New York.
Section 10 of the Municipal Home Rule Law of the State of New York authorizes a town to
adopt by local law for its own purposes, any statutory provision, amendment or exemption which
has been expressly authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary.
31
n
Moreover, the Town Board recognizes that the Town of Wappinger benefits from the
residence of its officers within the Town including, but not limited to, benefits realized by fostering
an increased sense of community. However, the Town Board has determined that the position of
Deputy Building Inspector is one that requires special skills and training. Moreover, in light of
these requirements for special skills and training, it is the determination of the Town Board that any
benefits that accrue from the residency within the Town of its Deputy Building Inspector are
outweighed by the importance of filling the position of Deputy Building Inspector with the best
qualified candidate. Accordingly, the Town Board has decided to enact a local law exempting the
position of Deputy Building Inspector from the residency requirements imposed by New York State
Town Law Section 23. The Town Board also notes that the Deputy Building Inspector is
sometimes referred to as the Assistant Building Inspector.
Section III• Exemption of the Residency Requirement for the Deputy Building
Inspector.
In accordance with the Legislative Intent noted above, the person appointed to the position
of Deputy Building Inspector (sometimes referred to as the Assistant Building Inspector) in the
Town of Wappinger shall not be required to be an elector or resident of the Town of Wappinger in
order to hold and serve such position.
Section IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of
this Local Law or their application to other persons or circumstances. It is hereby declared to be the
7
legislative intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included therein,
and if such person or circumstance to which the Local Law or part thereof is held inapplicable had
been specifically exempt therefrom.
Section V: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are
intended to supersede any inconsistent or contrary provisions contained in the New York State
Constitution or in Town Law Sections 20 and 23, or Public Officers Law Section 3.
Section VI: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary of
State as provided by the Municipal Home Rule Law.
O:\WAPPINGE\Town Board\Locallaw\BuildInspector\Law-2001.doc
C7
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No..__ #7 ________.___
of the ---------------- of 2tp-1---
To�vn) _______ was duly passed b
( of--._7�1AP-PINGER-------------------------------------- Y P y the
--- -- --------------------- on DECEMBER 27 1
/NameofLegisladveBodyj 200 --, to accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No -----------------------------------
of the (CountY)(CitY)(Town)(Village) of ----------------------- -- - -- - -- - ---------- - - of 20-- -
_______ ' - - - - - was duly passed by the
--- -"" "" -""'-' and was (approved)(not approve d)(repa sse d after
pVamr oJLegislative Body) �
disapproval) by the __________________________________________________ and was deemed duly adopted on ---------------
(Elective CliiefEsecutive officer.)--_ 2Q____ ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------
of the (CountY)(Citv)(Town)(Village) of -------------------------------- - - - - - - - - - --- - of 20 - -
- - was duly passed by the
__ - on 20---_ , and was (approved)(not approve d)(repass e d after
---------------------
------------------
(ilamr ofLrgisla:ivr Body)
disapproval) by the -------------------
------ - ------ on___________________ 20____ . Such local law was submitted
(Elective Chief Executive office,-)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(s ecial
)(annual) election held on __________________ 20-___ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 20--____
of the (CourtY)(City)(Town)(Vill-ige) of----------------------------------------------------------------was----------------------
duly pas5ed by the
---------- on __________________ 20__-- , and was (approvenot appro ed)( epassed after
------------------ -
(Name ojLtgislative Bodvi d)(
disapproval) by the ______________________
--""""""-" '"' "" on 20 --- . Such local law was subject to
(Elective Chief Extcurire officer*)
permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20-___ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_____
of the County of ____________________________________________________ State of New York, having been submitted to the electors
at the General Election of November ______________________ 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ----- l.------ above. � '4'
✓ a
(Seal)
Clerk of the County legi
or officer designated by
GLORIA HUSE,
Date:
or Village Clerk
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF -- DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
ALBERT P. ROBERTS, Attorney to Town
Title
Town
of WAPPINGER
Date:
(3)