Article IV — RIGHT TO FARM ORDINANCE

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.

improvement of its agricultural land for the production of food, fiber, and other agricultural products, and to reduce the occurrence of conflicts between agricultural and nonagricultural land uses and to protect the public health. Where non-agricultural land uses extend into agricultural areas or exist side-by-side, agricultural operations or activities can become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease 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 and intent of this article to reduce the loss to the County of its agricultural resources by limiting the circumstances under which agricultural operations or activities may be deemed to constitute a nuisance. It is the further intent of this article to provide the residents of this County with proper notification of the County's recognition and support of the right to farm agricultural lands.

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, but rather is only to be utilized in the interpretation and enforcement of the provisions of this Code and county regulations.

notification to owners, purchasers, residents, and users of property adjacent to or near agricultural operations of the inherent potential nuisance related problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, insects, 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 or activities and be prepared to accept attendant conditions as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

designed to amicably resolve any complaints about agricultural operations that are less formal and expensive than court proceedings.

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)

maintained 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 County, shall be or become a nuisance, private or public, if it was not a nuisance at the time it began.

(Ord. No. 2736, § 1, 6-21-2005)

disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, the transferor shall require that the disclosure statement set forth in subsection 43.4 shall be signed by the purchaser or lessee.

made available to property owners and real estate agents by the Lake County Community Development Department.

following:

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)

ordinance codified in this chapter shall be recorded with the Assessor-Recorder of the County. The Assessor-Recorder's Office shall keep a copy of the right-to-farm ordinance prominently displayed in the Assessor-Recorder's Office.

property located adjacent to agricultural land, the Lake County Planning Commission, or Board of Supervisors on appeal, 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 or discomforts associated with agricultural operations or activities, such as noise, odors, insects, dust or fumes, that are performed in a manner consistent with accepted customs, practices and standards. Lake County has determined that such inconveniences or discomforts shall not be considered to be a nuisance.

for new residential construction or manufactured home placement with a "right-to-farm notice" in substantially the form provided in subsection 44.6.

on the back of tax envelopes in substantially the form provided in subsection 44.6 to all owners of real property in Lake County with the annual secured 2014—2015 tax bill, any supplemental tax bill, and every year thereafter.

related cost of the "right-to-farm notice" set forth in subsection 44.6 of this section and shall supply the Treasurer-Tax Collector and the Assessor-Recorder with notices as needed.

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

are deemed to be a nuisance under California Civil Code Sections 3482.5 and 3482.6. Agricultural and agricultural processing operations shall comply with all state, federal and local laws and regulations applicable to the operations.

operations or activities, the party, parties, or the enforcement agency 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.

involving agricultural operations or activities.

arises. The grievance committee shall consist of five (5) members selected by the Board of Supervisors, two (2) of whom shall be members of the agricultural community, two (2) of whom shall have no financial interest in any agricultural property or operation, and the final member being the Director of the University of California Cooperative Extension or designee. The Lake County Agricultural Commissioner shall provide staff support and maintain minutes of each meeting of the Agricultural Grievance Committee.

Cooperative Extension of Lake/Mendocino County, and staff from the Lake County Environmental Health Division and State agencies may serve as technical advisors to the Agricultural Grievance Committee as the need arises.

in writing to the Agricultural Grievance Committee within sixty (60) days of the date of the occurrence of the particular incident or activity giving rise to the controversy or of the date a party became aware of the occurrence or operation or activity.

must, within sixty (60) days, hold a meeting to consider the merits of the matter and within thirty (30) days of the meeting render a written decision to the parties. All participants will be given notice at least ten (10) days prior to the meeting. At the time of the meeting, all participants shall have an opportunity to present what each considers to be pertinent facts. The decision of the Agricultural Grievance Committee is final.

agree to abide by the Agricultural 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.

investigation, the Agricultural Grievance Committee may, but is not required to, determine the following: (1) that the complaining party has filed complaints concerning the agricultural operation or activity which is the subject of the dispute, and that those complaints are repetitive, without merit or brought for purposes of annoyance, and (2) that the agricultural operation or activity which is the subject of the dispute is operating

in a manner consistent with proper and accepted agricultural customs and standards. If such a determination is made by the Agricultural Grievance Committee, the enforcement agency having jurisdiction of the matter shall take that determination into consideration before taking any action regarding future complaints related to the agricultural operation or activity.

(Ord. No. 2736, § 1, 6-21-2005)

nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. This article is in no way intended to limit damages that may be awarded in nuisance suits.

hundred dollars ($100.00); or as a misdemeanor by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 2736, § 1, 6-21-2005)

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.