Mendocino County Municipal Code Ch. 10A.13 Agricultural Nuisances and Consumer Disclosures

Unless the context otherwise requires, the following definition in this section govern the construction of this Ordinance in order for more effective interpretation and enforcement.

AGRICULTURAL LAND. Shall mean those land areas of the County specifically classified and zoned as Agricultural, Rangeland, Forestland, or Timberland Preserve within which agricultural, timber growing and related activities are to be encouraged and protected.

AGRICULTURAL OPERATION. Shall mean and include, but not be limited to, the cultivation and tillage of the soil, animal husbandry, the production, cultivation, growing, harvesting and processing of any agricultural commodity including horticulture, timber or apiculture, the raising of livestock, fish or poultry, and any acceptable cultural practices performed as incident to, or in conjunction with, such farming operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market.

FARM OPERATION. Shall mean those activities normally conducted in the pursuit of agricultural operations which includes the farming of trees for commercial purposes.

(Ord. No. 3414, adopted 1983.)

It is the declared policy of this County to conserve, protect and encourage intensive agricultural production. Where nonagricultural land uses extend into agricultural areas or exist side by side, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operation, and many others are discouraged from making investments in farm improvements. It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. This section is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 of the Water Code, relative to nuisances, but rather is only to be utilized in the interpretation and enforcement of the provisions of this code and County regulations.

No existing or future agricultural operation or any of its appurtenances, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall become or be a nuisance, private or public, for adjacent land uses in or about the locality thereof after the same has been in operation for more than three (3) years, when such action was not a nuisance at the time it began; provided that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.

(Ord. No. 3414, adopted 1983.)

The Board of Supervisors of Mendocino County finds that it is in the public's interest to preserve and protect agricultural land and oper-ations within the County of Mendocino and to specifically protect these lands for exclusive agricultural use. The Board of Supervisors of Mendocino County also finds that residential development adjacent to agricultural land and operations often leads to restrictions on farm operation to the detriment of the adjacent agricultural uses and economic viability of the County's agricultural industry as a whole. The purposes of this Chapter, therefore, are to promote the general health, safety and welfare of the County, to preserve and protect for exclusive agricultural use those lands zoned for agricultural use, to support and encourage continued agricultural operation in the County, and to forewarn prospective purchasers and residents of property adjacent to or near to agricultural operation of the inherent potential problems associated with such purchase of residence including, but not limited to, the sounds, odors, dust, and chemicals that may accompany agricultural operations.

(Ord. No. 3414, adopted 1983.)

(A) CONSUMER DISCLOSURE BY SELLER. A person who is acting as an agent for the seller of real property which as long as it is zoned "Agricultural Land", or is located within 300 feet of land zoned "Agricultural Land", or the seller of real property if he or she is acting without an agent for as long as it is zoned "Agricultural Land", or is located within 300 feet of land zoned "Agricultural Land" shall disclose to the prospective purchaser that:

The property described herein is zoned as "Agricultural Land", or is located within 300 feet of such land and residents of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, and from the pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning, harvesting, crop protection, which occasionally generate dust, smoke, noise and odor, and protecting animal husbandry from depredation. Mendocino County has established zoning for agricultural land which sets as a priority the agricultural use of the lands included therein, and residents of such property, or within zoned areas, should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operation.

(Ord. No. 3414, adopted 1983, as amended by Ord. No. 3463, adopted 1983.)

(B) DISCLOSURE IN DOCUMENTS. The disclosure statement set forth in Section 10A.13.040(A) shall be included in a document that a purchaser, lessee or transferee signs evidencing the sale, purchase, transfer, or lease of real property zoned "Agricultural Land", or is located within 300 feet of such land.

(Ord. No. 3414, adopted 1983, as amended by Ord. No. 3463, adopted 1983.)

(C) DISCLOSURE IN BUILDING PERMITS. Where a building designed for residential occupancy is to be located on property which, as long as it is zoned "Agricultural Land", or on property which, is located within 300 feet of land zoned "Agricultural Land", the owners of the property shall, prior to issuance of a building permit, be required to sign a statement of acknowledgement on forms approved by Planning and Building Services containing the following statement:

The property described herein on which the proposed structure is to be built is zoned as "Agricultural Land", or is located within 300 feet of such land and residents of this property may be subject to inconvenience or discomfort arising from the use of agricultural chemical, and from the pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning, harvesting, which occasionally generate dust, smoke, noise and odor, and protecting animal husbandry from depredation. Mendocino County has established zoning for agricultural land which sets as a priority the agricultural use of the land included therein, and residents of such property, or within zoned areas, should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operations.

In lieu of signing the statement required above, the owner may submit evidence that the statement set forth in Section 10A.13.040(A) has been made part of a document evidencing the sale, purchase, transfer, or lease of the property on which the building is to be constructed.

(Ord. No. 3414, adopted 1983, as amended by Ord. No. 3463, adopted 1983.)

The County may install or permit the installation of signs at the entry or within established farming areas zoned as "Agricultural Land" to notify and explain to purchasers that some of the land in this area is being used for agricultural purposes and the producer's interests are protected by law. The prospective purchaser of such land or a residence is advised to check with local County agencies as to any regulation or requirements which may affect agricultural property and of inherent potential problems associated with a purchase of such property or a residence in areas zoned as an "Agricultural Land" and of the likely effect of such agricultural operations.

(Ord. No. 3414, adopted 1983.)

It is the finding of the Board of Supervisors that this Ordinance is to take precedence over all ordinances or parts of ordinance or resolutions or parts of resolutions in conflict herewith and same are hereby repealed to the extent of such conflict and no further.

(Ord. No. 3414, adopted 1983.)