Lake County Municipal Code Art. IV Right to Farm Ordinance

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2736, § 1, adopted June 21, 2005, amended Art. IV in its entirety to read as herein set out in §§ 3-40—3-47, relative to right to farm ordinance, derived from Ord. No. 1211, §§ 3-40—3-41, adopted September 15, 1981.

40.5 The provision of Sections 3-40 through 3-49 shall not be applicable to pear and apple trees found to be subject to the provisions of Sections 3-1 through 3-15 of Chapter 3 of the Lake County Code.

(Ord. No. 2736, § 1, 6-21-2005)

(Ord. No. 2975, § 5, 6-19-2012)

(a) Agricultural land shall mean those land areas of Lake County specifically zoned as Agricultural Preserve District (APZ), Agricultural District (A), Timberland Preserve District (TPZ), Rural Lands District (RL) and Rural Residential District (RR), as those zones are defined in the Lake County Zoning Ordinance.

(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, drying, storage, 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 by a farmer or on a farm as incident to or in conjunction with such operations, including preparation for market, delivery to storage, market, or carriers for transportation to market.

(c) Agricultural processing facilities or operations means a facility, or appurtenances thereof including, but is not limited to, the packing and cooling of fruits and vegetables, the production and bottling of beer and wine, the drying of fruits and grains, the canning or freezing of agricultural products, the processing of dairy products, the processing of meat and egg products, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products.

(d) Property means any real property located within the unincorporated area of Lake County.

(e) Transfer means the sale, lease, trade, exchange, rental or gift of property.

(f) Transferee means any buyer or tenant of property.

(g) Transferor means the owner and/or transferor of title of real property or seller's authorized selling agent as defined in Business and Professions Code Section 10130 et seq., or Health and Safety Code Section 18006, or a landlord leasing real property to a tenant.

(Ord. No. 2736, § 1, 6-21-2005)

43.1 Pursuant to Section 1102.6a of the California Civil Code, it is intended by this article to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

I

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF LAKE, STATE OF CALIFORNIA, DESCRIBED AS [INSERT NECESSARY ASSESSOR'S PARCEL NUMBER]. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ARTICLE IV OF CHAPTER 3 OF THE ORDINANCE CODE OF LAKE COUNTY. 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.

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 LAKE 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 LAKE PERMITS AGRICULTURAL OPERATIONS AND ACTIVITIES WITHIN THE COUNTY.

If your property is adjacent to or near property used for agricultural operations or activities or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations or activities, including but not limited to noise, odors, insects, fumes, dust, the operation of machinery of any kind during any twenty-four (24) hour period (including aircraft), the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, the storage of livestock feed and other agricultural commodities and the storage and disposal of manure. Lake County has determined that inconveniences or discomforts associated with such agricultural operations or activities shall not be considered to be a nuisance and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Lake 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 or activities. If you have any questions concerning this Ordinance or the Agricultural Grievance Committee, please contact the Lake County Agricultural Commissioner.

Seller certifies that this 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.

(Ord. No. 2736, § 1, 6-21-2005)

(Ord. No. 3009, §§ 1, 2, 5-20-2014)

LAKE COUNTY RIGHT-TO-FARM-NOTICE

The County of Lake recognizes and supports the right to farm agricultural lands in a manner consistent with accepted customs, practices, and standards. Residents of Lake County should be prepared to accept the inconveniences or discomforts associated with agricultural operations or activities, including but not limited to noise, odors, insects, fumes, dust, the operation of machinery of any kind during any twenty-four (24) hour period (including aircraft), the application by spraying or otherwise of chemical fertilizers, soil amendments, seeds, herbicides, and pesticides, the storage of livestock feed and other agricultural commodities and the storage, application and disposal of manure. Lake County has determined that inconveniences or discomforts associated with such agricultural operations or activities shall not be considered to be a nuisance. Lake County has established a process for dispute resolution regarding agricultural operations or activities. If you have questions concerning this Ordinance or the dispute resolution process, please contact the Lake County Agricultural Commissioner.

(Ord. No. 2736, § 1, 6-21-2005)

(Ord. No. 3009, §§ 3—6, 5-20-2014

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

(Ord. No. 2736, § 1, 6-21-2005)

Secs. 3-48, 3-49. - Reserved.