§ 36-30. Right-To-Farm.

[Ord. No. 1022, § 5, 1995.]

This Section is intended to reduce the occurrence of conflicts between nonagricultural and agricultural land uses within the City.

• A. It is the declared policy of the City to preserve, protect and encourage the development and improvement of agricultural lands in the City's areas for the production of food and other agricultural products. The City recognizes that when the City's nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtail their operations resulting in premature conversion of the agricultural land. Others may be discouraged from making investments in agricultural improvements to the detriment of the economic viability of both the City's and County's agricultural industry as a whole. It is the purpose of this section to avoid the preventive loss or conversion of agricultural resources limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. It is the further intent of this section to provide the residents of this City with proper notification of the City's recognition and support of the right to farm agricultural land both within and adjacent to the City.

• B. An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to, or near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, 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 and be prepared to accept the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

[Ord. No. 1022, § 5, 1995.]

• A. AGRICULTURAL LAND — Shall mean all that real property within the boundaries of the City of Oakdale or outside it within the General Plan's twenty (20) year growth boundary identified as Important Farmland on the State Important Farmland Map.

• B. AGRICULTURAL OPERATION — Shall mean and include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting 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 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.

• C. AGENT — Shall mean one who's authorized by law to act in that capacity for that type of property, and is licensed as a real estate broker under Chapter 3 of Part 1 of Division 4 of the

Business and Professions Code or is a licensee, as defined in Section 18006 of the Health and Safety Code.

• D. BUYER — Includes any transferee.

• E. LISTING AGENT — Shall mean one who has obtained a listing of property of the kind in respect of which he or she is authorized by law to act as an agent for compensation.

• F. PROPERTY — Shall mean real property.

• G. SELL AND SALE — Shall mean any transfer of fee title.

• H. SELLING AGENT — Shall mean an agent who acts in cooperation with a listing agent and who sells, or finds and obtains a buyer for, the property.

• I. SOLD — Includes an exchange. A property is sold when a legally binding commitment to see the property comes into existence.

[Ord. No. 1022, § 5, 1995.]

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 practical before transfer of title.

• B. In case of transfer by real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practical before execution of the contract. For the purpose of this subsection "execution" means the making or acceptance of an offer. With respect to any transfer subject to Subsection A or B, 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.

[Ord. No. 1022, § 5, 1995.]

This disclosure required by this section is set forth herein, and shall be made on a copy of the following disclosure form:

Real Estate Transfer Disclosure Statement.

• A. Pursuant to Section 1102.6a of the California Civil Code, it is intended by § 36.30 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

• B. Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, improved with or consisting of not less than one (1) nor more than four (4) dwelling units, the transferor shall require that the disclosure statement set forth in Subsection C shall be signed by the purchaser or lessee.

• C. The disclosure required by Subsection B shall contain, and be in the form of, the following:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF OAKDALE, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS _________. THIS DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER ___________ OF THE CITY CODE AS OF. 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

SELLERS 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 and 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 CITY OF OAKDALE 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 OAKDALE PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE CITY. If your property is adjacent to or near property used for agricultural operations or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Oakdale has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.

Seller certifies that the 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.

(Associate Licensee or Broker)

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

• D. Forms for the disclosure statement set forth in Subsection C shall be printed and made available to property owners and real estate agents by the City of Oakdale Community Development Department.

[Ord. No. 1022, § 5, 1995.]

If a buyer refuses to sign the disclosure statement set forth in § 39-30.040, the transferor may comply with the requirements of this section by delivering that statement to the buyer as provided in § 36-30.030 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.

Date: Sign

[Ord. No. 1022, § 5, 1995.]

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 Oakdale 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 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.

Date: Sign

Print Name:

The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.

[Ord. No. 1022, § 5, 1995.]

• A. To provide all property owners with constructive notice of the City of Oakdale's right-to-farm policy, this section (Ordinance No. 1022) shall be recorded with the Clerk-Recorder of the County.

• B. For all discretionary approvals or parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the City of Oakdale Community Development Department shall include as a condition of approval that the final recorded map shall contain the following statement:

• C. Persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, flies, dust or fumes. The City of Oakdale has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.

• D. The City of Oakdale Community Development Department shall be responsible for the printing of "Right-to-Farm" set forth herein.

[Ord. No. 1022, § 5, 1995.]

The specification of items of disclosure in this section 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.

[Ord. No. 1022, § 5, 1995.]

Delivery of the disclosure statement required by § 36-30.030 shall be by personal delivery or certified mail return receipt requested by the buyer.

[Ord. No. 1022, § 5, 1995.]

Failure to comply with any provision of this chapter shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding two hundred fifty ($250.00) dollars. This Section is in no way intended to limit damages that may be awarded in nuisance suits.

[Ord. No. 1022, § 5,1995.]

Nothing contained in this chapter is to be construed as modifying State law as set out in the California State Civil Code , Health and Safety Code , Fish and Game, 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.

[Ord. No. 1022, § 5, 1995.]

If any section, Subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance.

[Ord. No. 1022, § 5, 1995.]

• A. Should any controversy arise regarding any inconveniences or discomforts associated with agricultural operations, the parties 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.

• B. There is hereby established the City of Oakdale Agricultural Grievance Committee, which shall arbitrate and mediate disputes involving agricultural operations and issue advisory opinions on whether agricultural operations are conducted in a manner consistent with proper and accepted customs and standards as established by similar agricultural operations in the same locality.

• C. The City of Oakdale Planning Commission shall serve as the Agricultural Grievance Committee as the need arises. Community Development Department staff shall prepare staff reports and maintain minutes of each meeting of the Grievance Committee. Members of the Grievance Committee shall receive their regular compensation as members of the Planning Commission for carrying out these duties.

• D. The Stanislaus County Agricultural Commissioner, farm advisors from the University of California Cooperative Extension of Stanislaus County, and staff from the Stanislaus County Department of Environmental Resources may serve as technical advisors to the Grievance Committee as the need arises.

• E. Any controversy between the parties may be submitted in writing to the Grievance Committee within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

• F. Thereafter the Grievance Committee may investigate the facts of the controversy but must, within forty-five (45) days, hold a meeting to consider the merits of the matter and within twenty (20) days of the meeting render a written decision to the parties. At the time of the meeting, both

parties shall have an opportunity to present what each considers to be pertinent facts. The decision of the Grievance Committee is final and shall not be appealed to the City Council.

• G. The effectiveness of the Grievance Committee as a forum for resolution of disputes is dependent upon the willingness of both parties to voluntarily submit the dispute to arbitration and their agreement to abide by the 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.

• H. Any costs associated with the functioning of the Grievance Committee process, including costs of investigation, shall be borne by the losing party or in such proportion as the Grievance Committee shall deem appropriate. The City Council may, by resolution, prescribe fees.