Lathrop Municipal Code Ch. 15.48 Agricultural Land Preservation

It is the declared policy of this city to preserve, protect and encourage the use of viable agricultural lands for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas nearby, such operations frequently become the subjects of nuisance complaints. As a result, agricultural operators are often forced to cease or curtail their operations. Such conflicts discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the city's agricultural industry. It is the purpose and intent of this chapter to reduce the loss to the city of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance and thereby lessening conflicts between agricultural operations and nonagricultural uses. It is therefore a requirement of all persons who wish to sell real property or apply for building permits within the city to provide a disclosure statement as set forth in Sections 15.48.040 or 15.48.060.

(Prior code § 157.01)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Agent"

means one authorized by law to act in that capacity for that type of property, and one who is licensed as a real estate broker under Ch. 3 (commencing with Section 10130) of part of Division 4 of the Business and Professions Code, or who is a licensee, as defined in Section l8006 of the Health and Safety Code.

"Agricultural land"

means all real property within the boundaries of the city, and those properties immediately surrounding the city, currently used for agricultural operations or upon which agricultural operations may in the future be established.

"Agricultural operation"

shall mean and include, but not be limited to cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture and timber; 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.

"Buyer"

includes any transferee.

"Listing agent"

means one who has obtained a listing of property and who is authorized by law to act as an agent for compensation.

"Property"

means real property.

"Sell" or "sale"

means any transfer of fee title.

"Selling agent"

means an agent who acts in cooperation with a listing agent and who sells, finds and obtains a buyer for the property.

"Sold"

includes an exchange. A property is sold when a deed is recorded.

(Prior code § 157.02)

No agricultural activity, operation or facility or appurtenances thereof, conducted or maintained for commercial purposes, in a manner consistent with proper and accepted customs and standards and all codes, ordinances and resolutions adopted by the city council of the city, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, if it was not a nuisance when such activity commenced operation, or facilities or appurtenances thereof commenced activity.

(Prior code § 157.03)

The disclosure statement required by this chapter is set forth herein, and shall be included within or accompanying the form TDS 114 as set forth by California Civil Code Article 15. The statement is as described as follows:

The City of Lathrop permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM DEPREDATION, AND OTHER ACTIVITIES WHICH MAY GENERATE DUST, SMOKE, NOISE, ODOR, RODENTS AND PESTS. BE AWARE ALSO, THAT THIS PROPERTY MAY BE LOCATED TO AGRICULTURAL OPERATIONS OUTSIDE THE CITY'S JURISDICTION. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as normal and necessary aspect of living in an agriculturally active region.

(Prior code § 157.04)

The transferor of any property located in the city shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

A. In the case of a sale, as soon as practicable before transfer of title;

B. In the case of transfer by a real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this division, "execution" means the making or acceptance of an offer. With respect to any transfer subject to the provisions of this section, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.

(Prior code § 157.05)

Prior to the issuance of a city building permit for construction of a residential building, the owner of the property upon which the building is to be constructed shall sign, date and file with the city building division the disclosure statement set forth below:

DISCLOSURE STATEMENT - BUILDING PERMIT The City of Lathrop permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING WITHOUT LIMITATION CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM DEPREDATION, AND OTHER ACTIVITIES WHICH MAY GENERATE DUST, SMOKE, NOISE. ODOR, RODENTS AND PESTS. BE AWARE ALSO, THAT THIS PROPERTY MAY BE LOCATED TO AGRICULTURAL OPERATIONS OUTSIDE THE CITY'S JURISDICTION. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as normal and necessary aspect of living in an agriculturally active region. I declare that I have read and understand the foregoing disclosure

(Prior code § 157.06)

If a buyer refuses to sign the disclosure statement set forth in Section 15.48.040, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in Section 15.48.050 and affixing and signing the following declaration to the statement:

I (insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert buyer's name) who has refused to sign. I declare the foregoing to be true and correct to the best of my knowledge and belief under penalty of perjury.

(Prior code § 157.07)

The specification of items of disclosure in this chapter does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation or deceit in the sale.

(Prior code § 157.08)

Delivery of the disclosure statement required by Section 15.48.070 shall be by personal delivery or certified mail return receipt requested to the buyer.

(Prior code § 157.09)

Nothing contained in this chapter is to be construed as modifying 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 relating to nuisances; rather, it is only to be utilized in the interpretation and enforcement of this code and city regulations.

(Prior code § 157.10)

It shall be the responsibility of the property owner to notify any tenant, lessee, or renter of his or her property of the provisions of this title.

(Prior code § 157.11)

Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine in accordance with and in the amount prescribed by LMC Section 1.16.010(A)(4) for each violation.

(Prior code § 157.99; Ord. 06-263 § 1)