Chapter 8.18 — NOTICE OF AGRICULTURAL OPERATIONS AFFECTING OTHER PROPERTY

It is the policy of the city to protect, preserve and encourage the use of viable agricultural lands for the production of food and other agricultural products. When nonagricultural land uses extend into or encroach upon agricultural areas, it is likely that conflicts will arise between such land uses and the agricultural

operations. These conflicts often result in an involuntary curtailment or cessation of agricultural operations, are detrimental to the local economy, and discourage investment in such agricultural operations. The purpose of this chapter is to reduce the occurrence of conflict between agricultural and non-agricultural land uses within the city.

(Ord. 1519 § 1 (part), 1991)

For the purpose of this chapter, certain terms, words and phrases are defined as follows:

A.

"Agricultural activity" means the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.

B.

"Buyer" means any transferee of real property;

C.

"Property" means any real property located anywhere within the city limits.

D.

"Seller" means the owner and/or transferor of title to 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.

(Ord. 1519 § 1 (part), 1991)

A.

The transferor of any real property subject to this chapter shall deliver the disclosure statement required by this chapter to the transferee as follows:

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

In the case of a 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 subdivision, "execution" means the making or acceptance of an offer.

B.

With respect to any transfer subject to subdivisions A.1 or A.2, 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 account.

(Ord. 1519 § 1 (part), 1991)

The disclosure required by this chapter shall be in essentially the same form as set forth in this section, which shall state:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS _______. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. 1519 OF THE LODI MUNICIPAL CODE AS OF SEPTEMBER 4, 1991. 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 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 CITY OF LODI, 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 City of Lodi 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 CHEMICALS AND 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 OCCASIONALLY GENERATE DUST, SMOKE, NOISE, AND ODOR. Consequently, depending on the

location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

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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.

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 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 Obtaining the offer)

_____ By _____ Date _____

(Associate Licensee or Broker-Signature)

Agent (Broker Obtaining the Offer)

_____ By _____ Date _____

(Associate Licensee or Broker-Signature)

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

(Ord. 1519 § 1 (part), 1991)

Prior to 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 department the disclosure statement set forth below:

DISCLOSURE STATEMENT— BUILDING PERMIT

The City of Lodi 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 FOR WHICH A BUILDING PERMIT IS BEING SOUGHT 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 OCCASIONALLY GENERATE DUST, SMOKE, NOISE, AND ODOR. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

I declare that I have read and understand the foregoing disclosure.

Dated: ___________

(sign)___________

Print Name: ___________

(Ord. 1519 § 1 (part), 1991)

If a buyer refuses to sign the disclosure statement set forth in Sections 8.18.040 and/or 8.18.050 of this chapter, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in Section 8.18.080 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 under penalty of perjury.

Dated: ___________

(sign)___________

Print Name: ___________

(Ord. 1519 § 1 (part), 1991)

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

(Ord. 1519 § 1 (part), 1991)

Delivery of the disclosure statement required by Sections 8.18.040 and/or 8.18.050 of this chapter shall be by personal delivery or certified mail return receipt requested to the buyer.

(Ord. 1519 § 1 (part), 1991)

Compliance with the provisions of this part shall create a presumption that specified agricultural activities are not a nuisance, as provided in Civil Code Section 3482.5.

(Ord. 1519 § 1 (part), 1991)

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 not exceeding one hundred dollars.

(Ord. 1519 § 1 (part), 1991)