Santa Clara County Municipal Code Part 3 Contract Termination

A contract may only be terminated in a manner consistent with state law and this chapter.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) If either the landowner or the County desires in any year not to renew a contract, or portion of a contract, the nonrenewing party shall serve written notice of nonrenewal of the contract upon the other party before the annual renewal date of the contract. A notice of nonrenewal served by the landowner shall be addressed to the Clerk of the Board of Supervisors, shall be filed with or postmarked at least 90 days prior to the annual renewal date of the contract, and shall identify the parcels to be nonrenewed by Assessor's parcel number. A notice of nonrenewal served by the County shall be mailed to the address shown on the latest assessment roll for the property, and shall be postmarked at least 60 days prior to the annual renewal date of the contract.

(b) If no notice of nonrenewal is filed in compliance with the deadlines in subsection (a), the contract will be automatically renewed for another year.

(c) If a notice of nonrenewal is filed after the applicable deadline in subsection (a), the notice will be deemed to apply to the next annual renewal period.

(d) If a landowner objects to a contract nonrenewal initiated by the County applicable to the owner's land, the owner may file a written protest with the County by December 1 of the calendar year in which the notice of nonrenewal was served. The Board of Supervisors may, in its discretion, withdraw the notice of nonrenewal at any time prior to the contract's annual renewal date.

(e) During November of each calendar year, the Clerk of the Board of Supervisors will provide a report to the Board of Supervisors identifying all nonrenewal requests received from landowners pursuant to subsection (a).

(f) The Clerk of the Board of Supervisors will record all notices of nonrenewal with the Clerk-Recorder within 20 days of serving or receiving a notice of nonrenewal.

(g) The Board of Supervisors may delegate its authority to send and withdraw notices of nonrenewal to any County official, department, or employee.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Any petition to cancel a land conservation contract shall be filed with the Clerk of the Board of Supervisors on a form prepared by the County for this purpose. The petition shall be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The petition will be processed in accordance with the Williamson Act.

(Ord. No. NS-1203.130, § 1, 3-26-24)