Chapter 6.48
RIGHT TO FARM
Sections:
6.48.040 Real estate transfer disclosure statement.
6.48.050 Right-to-farm notice.
6.48.060 Penalty for violation.
6.48.010 Definitions.
For the purpose of these regulations, the following words shall have the meanings respectively ascribed to them by this section:
A. “Agricultural land” means all that real property within the city limit boundaries of the city, the sphere of influence of the city, zoned as general agriculture (a-2) as defined in the city and Stanislaus County zoning ordinances.
B. “Agricultural operation” means and includes, but is not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fish or poultry; and any commercial agricultural 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. (Ord. 480 (part), 1992).
6.48.020 Purpose and intent.
A. It is the purpose of this chapter to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase of residence. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. When nonagricultural land uses extend into agricultural areas, agricultural operations may become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtail their operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. Therefore, it is the further intent of this chapter to provide residents with proper notification of the city’s recognition and support of the right to farm agricultural lands.
B. This chapter is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and city regulations. (Ord. 480 (part), 1992).
6.48.030 Nuisance.
No agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained on agricultural lands for commercial purposes, and in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, after the same has been in operation for more than three years if it was not a nuisance at the time it began. (Ord. 480 (part), 1992).
6.48.040 Real estate transfer disclosure statement.
A. Pursuant to Section 1102.6a of the California Civil Code, it is intended by this section of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.
B. Upon any 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 transfer of residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units, the transferor and his/her/their agent shall require that the disclosure statement set forth in subsection C of this section shall be signed by the purchaser or lessee.
C. The disclosure required by subsection B of this section shall contain, and be in the form of, the following:
LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER OF THE CITY OF PATTERSON MUNICIPAL CODE AS OF . 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 INSPECTION 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 upon 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 AS REQUIRED BY THE CITY OF PATTERSON 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.
THE CITY OF PATTERSON PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE CITY AND THE CITY’S SPHERE OF INFLUENCE. If your property is adjacent to or near property used for agricultural operations or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any 24-hour period (including air-craft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Patterson has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. If you have any questions concerning this policy, please contact the City of Patterson Planning Department.
Seller certifies that the information herein is true and correct to the best of Seller’s knowledge as of the date signed by Seller.
Seller _________________ Date ______________
Seller _________________ Date ______________
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 ADVISE/INSPECTION/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Seller______ Date______ Buyer______ Date______
Seller______ Date______ Buyer______ Date______
Agent (Broker) Representing the
Offer________ By______________ Date__________
(Associate Licensee or
Broker)
Agent (Broker) Obtaining the
Offer________ By______________ Date__________
(Associate Licensee or
Broker)
Present A.P. No._________
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVISE, CONSULT YOUR ATTORNEY.
D. Forms for the disclosure statement set forth in subsection C of this section shall be printed and made available to property owners and real estate agents by the city planning department. (Ord. 480 (part), 1992).
6.48.050 Right-to-farm notice.
A. To provide all property owners with construction notice of the city’s right-to-farm policy, the ordinance codified in this chapter shall be recorded with the clerk-recorder of the county.
B. For all discretionary approvals of parcel maps or subdivision maps involving agricultural land, the city planning department shall include as a condition of approval that the final recorded map shall contain the following statement:
All persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, dust, fumes, chemicals, smoke and hours of operation that may accompany agricultural operations. The City of Patterson has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.
C. The building inspection division shall provide all applicants for building permits for new residential construction or mobile home placement with a right-to-farm notice in substantially the form provided in subsection D of this section.
D. The right-to-farm notice shall contain, and be substantially in the form of, the following:
CITY OF PATTERSON
RIGHT-TO-FARM NOTICE
The City of Patterson recognizes and supports the right to farm agricultural lands in a manner consistent with accepted customs and standards. Residents of property near agricultural land should be prepared to accept the inconveniences or discomforts associated with agricultural operations, including but not limited to noise, odors, dust, fumes, the operation of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Patterson has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. If you have any questions concerning this policy, please contact the City of Patterson Planning Department.
E. The city planning department shall be responsible for the printing of the right-to-farm notice set forth in subsection D of this section and shall supply the building inspection division with notices as needed. (Ord. 480 (part), 1992).
6.48.060 Penalty for violation.
Failure to comply with any provision of this chapter shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars. This section is in no way intended to limit damages that may be awarded in nuisance suits. (Ord. 480 (part), 1992).
6.48.070 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the chapter. (Ord. 480 (part), 1992).