Chapter 1 — NOT A NUISANCE

Sections:

Prior History: Ord. 3233.

6-9000 - DEFINITIONS.

For purposes of this chapter, certain words and phrases shall be defined as follows:

(a)

"Agricultural land" means all that real property within the unincorporated boundaries of San Joaquin County currently used for agricultural operations, or upon which agricultural operations may in the future be

established.

(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 as incident to or in conjunction with such operations, including preparation for market, delivery to storage, market, or carriers for transportation to market.

(Ord. 4217 § 1 (part), 2004)

6-9001 - FINDINGS AND POLICY.

(a)

It is the declared policy of the County to preserve, protect and encourage the development and improvement of its agricultural land for the production of food, fiber, and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations or activities can become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtain their 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 chapter 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 chapter to provide the residents of this County with proper notification of the County's recognition and support of the right to farm agricultural lands.

(b)

This chapter 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, Division 7 of the Water Code, or any other applicable provision of State law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and County regulations.

(c)

An additional purpose and intent of this chapter is to promote a good neighbor policy by requiring 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.

(Ord. 4217 § 1 (part), 2004)

6-9002 - NUISANCE.

No agricultural operation or activity, nor any facility or appurtenances thereof, conducted or 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. 4217 § 1 (part), 2004)

6-9003 - REAL ESTATE TRANSFER DISCLOSURE STATEMENT.

(a)

Pursuant to Section 1102.6a of the California Civil Code, it is intended by this section 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 option 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 (c) of this section shall be signed by the purchaser or lessee. In addition, the transferor shall require that the executed disclosure statement, along with other statutorily required documents involved in the said transfer of real property, be recorded in due course with the Office of the Clerk-Recorder.

(c)

The disclosure required by Subsection (b) of this section shall contain, and be in the form of, the following:

I

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN JOAQUIN, 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 ORDINANCE NUMBER _____ OF THE ORDINANCE CODE OF SAN JOAQUIN COUNTY 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.

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 SAN JOAQUIN AND ARE NOT THE REPRE-SENTATIONS 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 SAN JOAQUIN 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. San Joaquin 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. San Joaquin 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 policy or the Agricultural Grievance Committee, please contact the San Joaquin 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 APPRO-PRIATE 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.

(d)

Forms for the disclosure statement set forth in Subsection (c) of this section shall be printed and made available to property owners and real estate agents by the San Joaquin County Community Development Department.

(Ord. 4217 § 1 (part), 2004)

6-9004 - RIGHT TO FARM NOTICE.

(a)

To provide all property owners with constructive notice of San Joaquin County's right-to-farm policy, the ordinance codified in this chapter shall be recorded with the Clerk-Recorder of the County. The Clerk- Recorder's Office shall keep a copy of the right-to-farm ordinance prominently displayed in the Clerk- Recorder's Office.

(b)

For all discretionary approvals of parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the San Joaquin County Community Development Department 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. San Joaquin County has determined that such inconveniences or discomforts shall not be considered to be a nuisance."

(c)

The San Joaquin County Community Development Department shall provide all applicants for building permits for new residential construction or mobile home placement with a "right-to-farm notice" in substantially the form provided in Subsection (e) of this section.

(d)

The Treasurer-Tax Collector of the County shall mail a copy of the "right-to-farm notice" in substantially the form provided in Subsection (e) of this section to all owners of real property in San Joaquin County with the annual secured 2004-2005 tax bill and every year thereafter, so long as such notice does not increase the Treasurer-Tax Collector's administrative costs.

(e)

The "right-to-farm notice" shall contain, and be substantially in the form of, the following:

SAN JOAQUIN COUNTY RIGHT-TO-FARM NOTICE

The County of San Joaquin recognizes and supports the right to farm agricultural lands in a manner consistent with accepted customs, practices, and standards. Residents of property on or near agricultural land 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. San Joaquin County has determined that inconveniences or discomforts associated with such agricultural operations or activities shall not be considered to be a nuisance. San Joaquin 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 questions concerning this policy or the grievance committee, please contact the San Joaquin County Agricultural Commissioner at [contact telephone number to be inserted].

(f)

The San Joaquin County Community Development Department shall be responsible for the printing and related cost of the "right-to-farm notice" set forth in Subsection (e) of this section and shall supply the Treasurer-Tax Collector and the Clerk-Recorder with notices as needed.

(Ord. 4217 § 1 (part), 2004)

6-9005 - RESOLUTION OF DISPUTES.

(a)

Should any controversy arise regarding any inconveniences or discomforts associated with agricultural 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.

(b)

There is established the San Joaquin County Agricultural Grievance Committee, which shall hear grievances involving agricultural operations or activities.

(c)

The San Joaquin County Agricultural Advisory Board shall appoint an Agricultural Grievance Committee as the need arises. The grievance committee shall consist of five (5) members selected by the Agricultural Advisory Board, two (2) of whom shall be members of the Agricultural Advisory Board, 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 San Joaquin County Agricultural Commissioner shall provide staff support and maintain minutes of each meeting of the Agricultural Grievance Committee.

(d)

The San Joaquin County Agricultural Commissioner, farm advisors from the University of California Cooperative Extension of San Joaquin County, and staff from the San Joaquin County Environmental Health Department and State agencies may serve as technical advisors to the Agricultural Grievance Committee as the need arises.

(e)

Any controversy relating to agricultural operations or activities between the parties may be submitted 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.

(f)

Thereafter, the Agricultural Grievance Committee may investigate the facts of the controversy but 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.

(g)

The Agricultural Grievance Committee determinations are non-binding unless both parties voluntarily agree 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)

Based upon the information presented to the Grievance Committee during its investigation, the 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 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. 4217 § 1 (part), 2004)

6-9006 - PENALTY FOR VIOLATION.

Failure to comply with the provisions 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. This section is in no way intended to limit damages that may be awarded in nuisance suits.

(Ord. 4217 § 1 (part), 2004)

6-9007 - SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this chapter 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 this chapter.

(Ord. 4217 § 1 (part), 2004)