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:
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
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.
I
SELLER'S INFORMATION
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.
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.
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.
Seller______________________________
Date____________________
Seller______________________________
Date____________________
II
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.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Seller______________________________
Date____________________
Buyer______________________________
Date____________________
Seller______________________________
Date____________________
Buyer______________________________
Date____________________
Agent (Broker) Representing Seller
_______________________
By_____________________________
Date___________________
_______________________
(Associate Licensee or Broker)
Agent (Broker) Obtaining the Offer
_______________________
By_____________________________
Date___________________
_______________________
(Associate Licensee or Broker)
Present A.P. No._____________
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
D. 
Forms for the disclosure statement set forth in subsection C of this section shall be printed and made available to property owners and real estate agents by the county department of planning and community development.
(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:
STANISLAUS COUNTY
RIGHT-TO-FARM NOTICE
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.
G. 
The county department of planning and community development shall be responsible for the printing of the "right-to- farm notice" set forth in subsection F of this section and shall supply the building division, the treasurer-tax collector and the clerk- recorder with notices as needed.
(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)