Santa Clara County Municipal Code Part 4 Contract Compliance and Enforcement

By December 31 of each year, the Office of the Assessor mails an agricultural preserve questionnaire to the mailing address of the owner or other person identified on the Assessor's roll as responsible for the payment of property taxes for the parcel. Each owner of contracted land shall return the completed questionnaire to the Office of the Assessor by the following April 10. The Office of the Assessor will provide a copy of the non-confidential information on each returned questionnaire, and a list of parcels for which no questionnaire was returned, to the Planning Office. Those properties for which a completed questionnaire was not returned may be subject to an investigation by the Planning Office and/or Agricultural Commissioner regarding whether the parcel is in compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances and guidelines. A landowner who fails to return the completed questionnaire by the April 10 deadline may be charged an investigation fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) The County may audit any contracted land for compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances, and guidelines. Such audits may include reviewing available documentation such as aerial photographs and agricultural preserve questionnaires and contacting the landowner or manager to obtain additional information or documentation.

(b) If the County has probable cause to suspect that contracted land is not in compliance, it may contact the landowner to arrange for an inspection of the property by the County's officers, employees, contractors, or agents. The County shall give the landowner at least 48 hours' written notice of the inspection date, approximate time, the person(s) who will be participating in the inspection, and the reason for the inspection. When scheduling an inspection, the County will make a reasonable attempt to accommodate the landowner's schedule. Any such inspection shall occur during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

(Ord. No. NS-1203.130, § 1, 3-26-24)

The County will fulfill its enforcement responsibilities for material breaches of contracts as defined in the Williamson Act pursuant to Government Code § 51250.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) In addition to any other remedies provided by state law or this chapter, including, but not limited to, Government Code §§ 51250 and 51251, if the County determines that a contract has been or is being violated, the Office of the County Counsel may bring an action on behalf of the County in a court of law for an appropriate remedy.

(b) If a court determines that a contract was violated, in addition to any other relief granted by the court, the court may order the land owner to reimburse the County for its costs, including, but not limited to, staff time and attorneys' fees, associated with investigating the violation and bringing the enforcement action.

(c) Nothing in this chapter is intended to limit a court's ability to grant any relief or issue any order that it deems appropriate in its discretion, including, but not limited to, specific performance or injunctive or equitable relief.

(Ord. No. NS-1203.130, § 1, 3-26-24)