Chapter 11.20 — CONSUMER DISCLOSURE—FARMING AND MINING OPERATIONS

The Board of Supervisors finds that it is in the public's interest to preserve and protect agricultural and mining land and operations within the County and to specifically protect these lands for exclusive agricultural and mining use.

(1)

Where non-agricultural or non-mining land uses, particularly residential and commercial development, extend onto agricultural and mining lands or exist side by side with these operations, they are frequently the subject of nuisance complaints. As a result, some agricultural and mining operations are forced to cease or curtail their operations and many others are discouraged from making investments in improvements to their operations, to the detriment of the economic viability of the County's agricultural and mining industries as a whole. Therefore, it is the purpose and intent of this Chapter to reduce the loss to the County of its agricultural and mining resources by limiting the circumstances under which properly conducted agricultural and mining operations may be considered a nuisance;

(2)

It is the further purpose and intent of this Chapter to promote a good-neighbor policy by requiring notification of owners, purchasers, residents, and users of property adjacent to or near agricultural and mining operations of the inherent potential problems associated with being located near such operations, including, without limitation, noise, vibrations, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds and pesticides. It is intended that, through mandatory disclosures, owners, purchasers, residents and users will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions from properly conducted agricultural and mining operations as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural and mining sector;

(3)

It is also the intent of the County to balance the rights of mining operators and farmers with the rights of nonfarmers who own, occupy, or use land within the valley growth boundary of the County.

(Ord. No. 1624)

(a)

No agricultural or mining operation conducted or maintained on those lands zoned or designated for such use (agricultural districts, extractive district, and timber production district), or currently so used for agricultural or mining in a manner consistent with proper and accepted customs and standards, as established and followed by similar operations in the County, shall be or become a nuisance for purposes of this Code or County regulations if it was not a nuisance when it began. The provisions of this Section shall not apply where a nuisance results from the negligent or improper management or operation of an agricultural or mining operation.

(b)

This Section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural or mining activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

(c)

This Section shall not apply to lands within the valley growth boundary that are converted from agricultural zoning designations to urban zoning designations or new commercial agriculture operations located within urban areas.

(d)

This Section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of the County ordinances and regulations.

(Ord. No. 1624)

This Chapter shall apply to quit claim deeds, grant deeds, land sale contracts, and leases executed after the effective date of this Chapter affecting property within the unincorporated area of the County specified herein.

(Ord. No. 1624)

(a)

Consumer disclosure by seller. A person who is acting as an agent for the seller or lessor of real property located in the County or the seller or lessor of real property if he or she is acting without an agent shall disclose to the prospective purchaser that:

"The property described herein is located in the County of Yuba, which is an agricultural and mining area, and residents of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, and from pursuit of agricultural operations, including, but not limited to, cultivation, irrigation, plowing, spraying, aerial application, pruning, harvesting, crop protection, agricultural burning, which occasionally generates dust, smoke, noise and odor, and protecting animal husbandry from depredation. Residents may also be subject to inconvenience or discomfort arising from the pursuit of mining operations, which occasionally generate dust, smoke, noise, odor and vibrations. Yuba County has established zoning for agricultural land that sets as a priority the agricultural use of the lands included therein, and has established as a priority the mining use of lands so designated, and residents of such property in or near these areas should be prepared to accept such inconvenience or discomfort as normal and necessary to such operations."

(b)

Disclosure in documents. The disclosure statement set forth in Subsection (a), consumer disclosure by seller, above shall be included in a document that a purchaser, lessee or transferee signs at the time of the sale, purchase, contract of sale, transfer or lease of real property within the County in conjunction with the disclosures required by California Civil Code Div. 2, Pt. 4, Title 4, ch. 2, Art. 1.5 (Civil Code § 1102 et seq.).

(c)

Disclosure in building permits. Where a building designed for residential occupancy is to be constructed in the County, the owners of the property shall, prior to issuance of a building permit, be required to sign a statement of acknowledgement on forms approved by the Community Development and Services Agency's Building Department containing the following statement:

"The property described herein on which the proposed structure is to be built is located within the County of Yuba, which is an agricultural and mining area, and residents of this property may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, and from the pursuit of agricultural operations including, but not limited to cultivation, irrigation, plowing, spraying, aerial applications, pruning, harvesting, agricultural burning, which occasionally generate dust, smoke, noise and odor, and protecting animal husbandry from depredation. Residents may also be subject to inconvenience or discomfort arising from the pursuit of mining operations, which occasionally generate dust, smoke, noise, odor and vibrations. Yuba County has established zoning for agricultural land which sets as a priority the agricultural use of the lands included therein and has established as a priority the mining use of lands so designated, and residents of such property in or near these areas should be prepared to accept such inconvenience or discomfort as normal and necessary to such operations."

In lieu of signing the statement required above, the owner may submit evidence that the statement set forth in Subsection (a), consumer disclosure to seller, above has been made part of a document accompanying the sale, purchase, transfer, or lease of the property on which it is to be constructed.

(d)

Nondisclosure. Non-compliance with any part of this Chapter shall not affect title to real property, nor shall it prevent the recording of any document. However failure to make the disclosures required by Subsections (a), consumer disclosure to seller, and (c), disclosure in building permits, above shall subject the agent for the seller or lessor or the seller or lessor if there is no agent to a civil action by the purchaser or lessee for any damages incurred thereby.

(Ord. No. 1624)

The County may install or permit the installation of signs at the entry or within established farming or mining areas to notify and explain to purchaser that some of the land in such area is being used for agricultural or mining purposes and that the purchasers' interests are protected by law. The prospective purchaser of such land or a residence is advised to check with local County agencies as to any regulations or requirements that may affect agricultural or mining property and of inherent problems associated with a purchase of such property and of the likely effects of such agricultural or mining operations.

(Ord. No. 1624)

CHAPTER 11.21 - CLUSTERED DEVELOPMENT