Ventura Municipal Code Ch. 8.750 Protection of Commercial Agriculture’s “right to Farm”

This chapter shall be known and may be cited as the “city of San Buenaventura right to farm ordinance” or the “right to farm ordinance.” (Code 1971, § 4161)

No agricultural activity, operation, or facility that is consistent with the city’s comprehensive plan and the city’s zoning ordinance, and is conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in Ventura County, shall be or become a nuisance, private or public, due to any changed condition in the vicinity of that agricultural activity, operation, or facility, after it has been in operation for more than one year if it was not a nuisance at the time it began; provided, that this section shall not apply if the agricultural activity, operation, or facility obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (Code 1971, § 4162)

For the purposes of this chapter, the term “agricultural activity, operation, or facility” shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, irrigation, frost protection, cultivation, growing, pest and disease management, harvesting and field processing of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market. (Code 1971, § 4163)

In addition to those disclosures required by Section 1102.6 of the California Civil Code, a disclosure substantially in the form set forth below shall be required in connection with all transactions that are subject to the disclosure requirements of Section 1102.6 of the Civil Code, as it may be from time to time amended, revised, or replaced, and that pertain to real property located in the incorporated area of the city of San Buenaventura:

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF SAN BUENAVENTURA, COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS _______. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 4164 [8.750.140] OF THE SAN BUENAVENTURA ORDINANCE CODE AS OF ________, 20___. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY CLIENT(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

SELLER’S 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 CITY OF SAN BUENAVENTURA 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.

Section 3482.5 of the California Civil Code and section 4162 [8.750.120] of the City of San Buenaventura Ordinance Code protect properly conducted commercial agricultural operations against claims that they constitute a nuisance. If the property you are purchasing is located near or adjacent to agricultural lands or agricultural operations, or is included within areas used for agricultural purposes, you may be subject to inconveniences or discomfort arising from agricultural operations. Such discomfort or inconveniences may include, but are not limited to: frost protection measures, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft), at any hour of the day or night, storage of equipment and materials necessary for normal agricultural practices, slow-moving farm implements, and the application by spraying or otherwise of chemical fertilizers, soil amendments (such as manures, compost materials and mulches), and pesticides (such as herbicides, insecticides and fumigants). If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a City with a strong rural character and an active agricultural sector. Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations.

The City of San Buenaventura Right to Farm Ordinance does not exempt farmers, agricultural processors or others from compliance with the law. Should a farmer, agricultural processor or other person not comply with appropriate state, federal or local laws, legal recourse is possible by among other ways, contacting the appropriate agency. Substantial pesticide drift is illegal under section 12972 of the Food and Agricultural Code. Any concerns regarding substantial pesticide drift should be referred to the office of the Ventura County Agricultural Commissioner.

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

Seller ___________

Date ________

Seller ___________

Date ________

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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 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-Signature)

Agent (Broker)

Obtaining the Offer___________

By ___________

Date________

(Associate Licensee or Broker-Signature)

(Code 1971, § 4164)

The specification of items for disclosure in this chapter 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 transfer transaction. (Code 1971, § 4165)