Shasta County Municipal Code Ch. 18.06 Agriculture and Forestry Notification

As used in this chapter:

"Agricultural/forestry operations" or "agricultural operations," as used in this chapter, shall mean and include, but not be limited to, the cultivation and tillage of the soil; dairying; the establishment, production, irrigation, frost protection, tending, cultivation, growing, thinning, pruning, harvesting or processing of any agricultural commodity, including viticulture, horticulture, timber and other forest products, or agriculture; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural or forestry 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.

"Agricultural land," means that real property within the boundaries of Shasta County currently used for agricultural or forestry operations, or upon which agricultural or forestry operations may in the future be established consistent with uses allowed in the county's general plan.

(Ord. 94-2 § 1 (part), 1994)

A. It is the declared policy of Shasta County to protect, promote and encourage agricultural and forestry operations within the county. It is the further intent of Shasta County to provide to the residents of this county proper notification of the county's recognition and support through this chapter of those persons' and/or entities engaged in agricultural practices.

B. When nonagricultural land uses extend into agricultural areas, agricultural operations may become the objects of nuisance complaints or suits. As a result, agricultural operations may be forced to cease or curtail operations to the point at which the viability of the agricultural operation is threatened. It is the purpose and intent of this section to minimize the loss of agricultural resources to the county of Shasta by clarifying and limiting the circumstances under which agricultural operations may be considered a nuisance. No agricultural activity shall become a nuisance, public or private, when the operations are managed and conducted in a manner consistent with existing laws, regulations, proper and accepted customs and standards established in Shasta County, or with the accepted management practices established by the agricultural industry.

C. An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential concerns associated with such purchases or residence. Such concerns may include, but are not limited to, the noises, open range cattle, odors, dust, chemicals, smoke and hours of operations that may accompany agricultural operations. It is intended that, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept such conditions as the natural result of living in or near rural areas.

(Ord. 94-2 § 1 (part), 1994)

A. Generally, the disclosure provisions of this section are intended to be consistent with and supplement existing statutory obligations of sellers of real property, and their agents, to disclose all material facts concerning the property to be transferred, including existing or potential incompatible activities on adjacent land, as set forth in Civil Code Sections 1102 et seq.

B. The disclosures required by this chapter, which are in addition to any other disclosure requirements which may apply, shall be used in the following circumstances and occur in the following manners:

1. Upon 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 residential stock cooperative improved with dwelling units, the county of Shasta will notify purchasers or lessees by mailing to them information concerning the potential for discomforts or inconveniences relating to existing or potential future agricultural activities or operations in the vicinity of the subject property;

2. Upon the approval of a discretionary development entitlement allowing nonagricultural uses on or adjacent to agricultural land, including but not limited to subdivisions, parcel maps and use permits, the discretionary development approval shall be conditioned to require that the owner(s) of the property for which the entitlement has been approved shall receive a copy of this chapter and comply with disclosure provisions herein upon any subsequent sale of all or part of the affected property.

C. The disclosure required by Section 18.06.030(b)(2) is set forth in this chapter, and shall be made on a copy of, the following disclosure form:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF SHASTA, STATE OF CALIFORNIA, DESCRIBED AS ___________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SHASTA COUNTY CODE, CHAPTER 18.06. 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 on 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(S) AS REQUIRED BY THE COUNTY OF SHASTA 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.

1. The County of Shasta permits operation of properly conducted agricultural/forestry operations within the county. If the property you are purchasing is located near agricultural lands or operations, or is included within or adjacent to an area where agricultural operations are or may be permitted, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft), during any 24 hour period. Also storage or disposal of manure, and the application, by spraying or otherwise, of fertilizers, soil amendments, herbicides, pesticides, and grazing of livestock on open range. One or more of the inconveniences described may occur as a result of any agricultural operations which is in conformance with existing laws and regulations and accepted customs and standards. If you live near an agricultural/forested area you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

Seller certifies that the information herein is true and correct to the best of the sellers knowledge as of the date signed by the seller.

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.

_______Personally known to me.___________Provided to me on the basis of satisfactory evidence to be the person(s) whose name(s)___________subscribed to the within instrument and acknowledged that___________executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

___________

Notary Public

Present A.P. Number(s) ___________

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

(d) If a buyer refuses to sign the disclosure statement set forth in Section 3(a)(b) the transferor may comply with the requirements of this chapter by delivering the statement to the Buyer as provided in Section 3(a)(b) and affixing and signing the following declaration to the statement:

I,___________, have delivered a copy of the foregoing disclosure statement as required by law to ___________ who has refused to sign.

I declare the foregoing to be true.

(Ord. 94-2 § 1 (part), 1994)