For the purpose of this chapter, certain words and phrases shall
be defined as follows:
A.
"Agricultural
land" means all that real property within the boundaries of Stanislaus
County zoned as general agriculture (A-2) as defined in the Stanislaus
County Zoning Ordinance (Title 21, Stanislaus County Code).
B.
"Agricultural
operation" means and includes, but is not limited to, the cultivation
and tillage of the soil; dairying; the production, irrigation, frost
protection, cultivation, growing, harvesting and processing of any
agricultural commodity, including viticulture, horticulture, timber
or apiculture; the raising of livestock, fur bearing animals, fish
or poultry; and any commercial agricultural practices performed as
incident to or in conjunction with such operations, including preparation
for market, delivery to storage or to market, or to carriers for transportation
to market.
(Ord. CS 456 §2, 1991)
A.
It is
the declared policy of the county to preserve, protect and encourage
the development and improvement of its agricultural land for the production
of food and other agricultural products. When nonagricultural land
uses extend into agricultural areas, agricultural operations can become
the subject of nuisance suits. As a result, agricultural operators
are sometimes forced to cease or curtail their operations. Others
may be discouraged from making investments in agricultural improvements
to the detriment of the economic viability of the county's agricultural
industry as a whole. It is the purpose of this chapter to reduce the
loss to the county of its agricultural resources by limiting the circumstances
under which agricultural operations may be deemed to constitute a
nuisance. It is the further intent of this chapter to provide the
residents of this county with proper notification of the county's
recognition and support of the right to farm agricultural lands.
B.
This
chapter is not to be construed as in any way modifying or abridging
state law as set out in the California Civil Code, Health and Safety
Code, Fish and Game Code, Food and Agricultural Code, Division 7 of
the Water Code, or any other applicable provision of state law relative
to nuisances; rather it is only to be utilized in the interpretation
and enforcement of the provisions of this code and county regulations.
C.
An additional
purpose of this chapter is to promote a good neighbor policy by advising
purchasers and users of property adjacent to or near agricultural
operations of the inherent potential problems associated with such
purchase or residence. Such concerns may include, but are not limited
to, the noises, odors, dust, chemicals, smoke and hours of operation
that may accompany agricultural operations. It is intended that, through
mandatory disclosures, purchasers and users will better understand
the impact of living near agricultural operations and be prepared
to accept attendant conditions as the natural result of living in
or near rural areas.
(Ord. CS 456 §2, 1991)
No agricultural activity, operation, or facility, or appurtenances
thereof, conducted or maintained on agricultural lands for commercial
purposes, and in a manner consistent with proper and accepted customs
and standards as established and followed by similar agricultural
operations in the same locality, shall be or become a nuisance, private
or public, after the same has been in operation for more than three
years if it was not a nuisance at the time it began.
(Ord. CS 456 §2, 1991)
A.
Pursuant to Section 1102.6a of the California Civil Code, it is intended by Section 9.32.040 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.
B.
Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units, the transferor shall require that the disclosure statement set forth in subsection C of this section shall be signed by the purchaser or lessee.
C.
The disclosure required by subsection B of this section shall contain, and be in the form of, the following:
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REAL ESTATE TRANSFER DISCLOSURE STATEMENT
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THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED
IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS __________.
THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED
PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER __________ OF THE COUNTY
CODE AS OF __________. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S)
OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION,
AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S)
MAY WISH TO OBTAIN.
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I
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SELLER'S INFORMATION
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The seller discloses the following information with the knowledge
that even though this is not a warranty, prospective buyers may rely
upon this information in deciding whether and on what terms to purchase
the subject property. Seller hereby authorizes any agent(s) representing
any principal(s) in this transaction to provide a copy of this statement
to any person or entity in connection with any actual or anticipated
sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
SELLER AS REQUIRED BY THE COUNTY OF STANISLAUS AND ARE NOT THE REPRESENTATIONS
OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT
INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
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THE COUNTY OF STANISLAUS PERMITS OPERATION OF PROPERLY CONDUCTED
AGRICULTURAL OPERATIONS WITHIN THE COUNTY. If your property is adjacent
to or near property used for agricultural operations or on agricultural
lands, you may be subject to inconveniences or discomforts arising
from such operations, including but not limited to noise, odors, fumes,
dust, the operation of machinery of any kind during any 24-hour period
(including aircraft), the storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil
amendments, herbicides and pesticides. Stanislaus County has determined
that inconveniences or discomforts associated with such agricultural
operations shall not be considered to be a nuisance if such operations
are consistent with accepted customs and standards. Stanislaus County
has established a grievance committee to assist in the resolution
of any disputes which might arise between residents of this County
regarding agricultural operations. If you have any questions concerning
this policy or the grievance committee, please contact the Stanislaus
County Department of Planning and Community Development.
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Seller certifies that the information herein is true and correct
to the best of Seller's knowledge as of the date signed by the Seller.
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Seller______________________________
Date____________________
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Seller______________________________
Date____________________
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II
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BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE
AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT
TO ANY ADVICE/ INSPECTIONS/ DEFECTS.
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I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
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Seller______________________________
Date____________________
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Buyer______________________________
Date____________________
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Seller______________________________
Date____________________
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Buyer______________________________
Date____________________
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Agent (Broker) Representing Seller
_______________________
By_____________________________
Date___________________
_______________________
(Associate Licensee or Broker)
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Agent (Broker) Obtaining the Offer
_______________________
By_____________________________
Date___________________
_______________________
(Associate Licensee or Broker)
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Present A.P. No._____________
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A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE.
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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(Ord. CS 456 §2, 1991; Ord. CS 491 §1, 1992)
A.
To provide
all property owners with constructive notice of Stanislaus County's
right-to-farm policy, the ordinance codified in this chapter shall
be recorded with the clerk-recorder of the county.
B.
For
all discretionary approvals of parcel maps or subdivision maps involving
agricultural land, or real property located adjacent to agricultural
land, the county department of planning and community development
shall include as a condition of approval that the final recorded map
shall contain the following statement:
All persons purchasing lots within the boundaries of this approved
map should be prepared to accept the inconveniences associated with
agricultural operations, such as noise, odors, flies, dust or fumes.
Stanislaus County has determined that such inconveniences shall not
be considered to be a nuisance if agricultural operations are consistent
with accepted customs and standards.
C.
The county building inspection division shall provide all applicants for building permits for new residential construction or mobile home placement with a "right-to-farm notice" in substantially the form provided in subsection F of this section.
D.
The treasurer-tax collector of the county shall mail a copy of the "right-to-farm notice" in substantially the form provided in subsection F of this section to all owners of real property in Stanislaus County with the annual 1992-1993 tax bill and every year thereafter.
E.
The clerk-recorder of the county shall include a "right-to-farm notice" in substantially the form provided in subsection F in this section with any land sale contract, grant deed, quitclaim deed or any other instrument of conveyance returned to the grantee by the clerk-recorder after recording.
F.
The
"right-to-farm notice" shall contain, and be substantially in the
form of, the following:
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STANISLAUS COUNTY
RIGHT-TO-FARM NOTICE
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The County of Stanislaus recognizes and supports the right to
farm agricultural lands in a manner consistent with accepted customs
and standards. Residents of property on or near agricultural land
should be prepared to accept the inconveniences or discomforts associated
with agricultural operations, including but not limited to noise,
odors, flies, fumes, dust, the operation of machinery of any kind
during any 24-hour period (including aircraft), the storage and disposal
of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides and pesticides. Stanislaus
County has determined that inconveniences or discomforts associated
with such agricultural operations shall not be considered to be a
nuisance if such operations are consistent with accepted customs and
standards. Stanislaus County has established a grievance committee
to assist in the resolution of any disputes which might arise between
residents of this County regarding agricultural operations. If you
have any questions concerning this policy or the grievance committee,
please contact the Stanislaus County Department of Planning and Community
Development.
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(Ord. CS 456 §2, 1991)
Failure to comply with any provision of this chapter shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this chapter is guilty of an infraction punishable as set forth in Section 1.36.020. This section is in no way intended to limit damages that may be awarded in nuisance suits.
(Ord. CS 456 §2, 1991; Ord. CS 705 §16, 1999)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of a court of competent jurisdiction, it shall not affect
the remaining portions of this chapter.
(Ord. CS 456 §2(part), 1991)
A.
Should
any controversy arise regarding any inconveniences or discomforts
associated with agricultural operations, the parties may submit the
controversy to a grievance committee as set forth below in an attempt
to resolve the matter prior to the filing of any court action.
B.
There
is established the Stanislaus County agricultural grievance committee,
which shall arbitrate and mediate disputes involving agricultural
operations and issue advisory opinions on whether agricultural operations
are conducted in a manner consistent with proper and accepted customs
and standards as established by similar agricultural operations in
the same locality.
C.
The
Stanislaus County planning commission shall serve as the agricultural
grievance committee as the need arises. Planning department staff
shall prepare staff reports and maintain minutes of each meeting of
the grievance committee. Members of the grievance committee shall
receive their regular compensation as members of the planning commission
for carrying out these duties.
D.
The
Stanislaus County agricultural commissioner, farm advisors from the
University of California Cooperative Extension of Stanislaus County,
and staff from the Stanislaus County department of environmental resources
may serve as technical advisors to the grievance committee as the
need arises.
E.
Any
controversy between the parties may be submitted in writing to the
grievance committee within thirty days of the date of the occurrence
of the particular activity giving rise to the controversy or of the
date a party became aware of the occurrence.
F.
Thereafter
the grievance committee may investigate the facts of the controversy
but must, within forty-five days, hold a meeting to consider the merits
of the matter and within twenty days of the meeting render a written
decision to the parties. At the time of the meeting, both parties
shall have an opportunity to present what each considers to be pertinent
facts. The decision of the grievance committee is final and shall
not be appealed to the board of supervisors.
G.
The
effectiveness of the grievance committee as a forum for resolution
of disputes is dependent upon the willingness of both parties to voluntarily
submit the dispute to arbitration and their agreement to abide by
the grievance committee's decision. Full discussion and complete presentation
of all pertinent facts concerning the dispute is necessary to eliminate
any misunderstandings. The parties are encouraged to cooperate in
the exchange of pertinent information concerning the controversy.
H.
Any
costs associated with the functioning of the grievance committee process,
including costs of investigation, shall be borne by the losing party
or in such proportion as the grievance committee shall deem appropriate.
The board of supervisors may, by resolution, prescribe fees.
(Ord. CS 456 §2, 1991)
