Chapter 820-6 — DISCLOSURE

(1)

The community development department shall cause to be published a one-eighth-page advertisement in one or more newspapers of general circulation in the unincorporated area of the county, which advertisement shall include the disclosure statement in subsection (2).

(2)

Disclosure Statement. "The County of Contra Costa declares its policy to protect and encourage agricultural operations as defined in the County's "Right To Farm Ordinance" (Division 820 of the County Ordinance Code). Contra Costa County has adopted a Right To Farm ordinance. If your property is located in the unincorporated area of the county, near an agricultural operation or an agricultural processing operation, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may at times be subject to inconvenience or discomfort arising from those operations, including noise, odors, fumes, dust, the operation of machinery (including aircraft) during any time of day or night, the storage and disposal of manure, and the ground or aerial application of fertilizers, soil amendments, seed, herbicides, and pesticides. These similar inconveniences will not be considered a nuisance if they are conducted according to proper and accepted customs and standards. The Right To Farm Ordinance also establishes a grievance procedure to help resolve any disputes between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street, 4th Floor, North Wing, Martinez, California, 94553."

(3)

The disclosure statement set forth in subsection (2) is given for informational purposes only, and nothing in this division or in the disclosure statement shall prevent any person from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.

(Ord. 97-38 § 2).

Upon the issuance of a discretionary development entitlement, including, but not limited to, tentative subdivision maps, parcel maps, and land use permits, for use on, adjacent to, or near agricultural land, the entitlement may include a condition that the owner(s) of the property shall be required to sign a statement of acknowledgment containing the disclosure set forth in Section 820-6.002, on a form provided by the community development department.

(Ord. 97-38 § 2).

(1)

In accordance with the provisions of Section 1102 et seq. of the California Civil Code, 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 residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4).

(2)

Exceptions to the application of this section are set forth in Civil Code Section 1102.1.

(3)

The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10.

(4)

Disclosure Statement.

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS _____

(Address and APN)

DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF November _____, 1997. 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

SELLERS INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on 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(S) AS REQUIRED BY THE COUNTY OF CONTRA COSTA, 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 Contra Costa permits and supports operation of properly-conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code), within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural processing operation that is in conformance with existing laws and regulations and with proper and accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations, provided such operations are established as set forth in the Right To Farm Ordinance and consistent with proper and accepted customs and standards.

If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Contra Costa County has established a grievance procedure to help resolve any disputes which might arise between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street, 4th Floor, North Wing, Martinez, California, 94553.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

II

BUYER INFORMATION

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.

Present Assessor's Parcel Number:   -   -   

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(Ord. 97-38 § 2).

If a transferee refuses to sign the disclosure statement set forth in Section 820-6.006, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee as provided in Section 820-6.006 and affixing and signing the following declaration to the statement:

  I,    (name)   , have delivered a copy of the foregoing disclosure statement as required by law to     (transferee's name)   , who has refused to sign.

I declare the foregoing to be true.

Date:________  Signature:___________  Print Name: _____

(Ord. 97-38 § 2).