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HomeMy WebLinkAboutAgenda Report - October 2, 1991 (46)OR CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adoption of Ordinance No. 1519 entitled, "An Ordinance of the Lodi City Council Adding Chapter 8.18 to the Lodi Municipal Code Regarding Notice of Agricultural Operations Affecting Other Property" MEETING DATE: PREPARED BY: October 2, 1991 City Clerk RECOMMENDED ACTION Following reading by title, it would be appropriate for the City Council to adopt Ordinance No. 1519. BACKGROUND P4CRMATION Ordinance No. 1519 entitled, "An Ordinance of the Lodi City Council Adding Chapter 8.18 to the Lodi Municipal Code Regarding Notice of Agricultural Operations Affecting Other Property" was introduced at the regular meeting of the Lodi City Council held September 18, 1991. Pursuant to State statute, ordinances may be adopted five days after their introduction following reading by title. This Ordinance has been approved as to form by the City Attorney. FUHDING: None required. AMR/jmp Alice M. Schee/- City Clerk APPROVED: 24 THOMASA. PETERSON �.d..ow. L ORDINANCE NO. 1519 AK ORDINANCE OF THE LODI CITY COUNCIL ADDING CHAPTER 8.18 TO THE LODI MUNICIPAL CODE REGARDING NOTICE OF AGRICULTURAL OPERATIONS AFFECTING OTHER PROPERTY BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Chapter 8.18, Notice of Agricultural Operations Affecting Other Property, is hereby added to the Lodi Municipal Code to read as i follows: Chapter 8.18 Notice of Agricultural Operations Affecting Other Property. Sections: 8.18.010 Policy Statement 8.18.020 Defini tions 8.18.030 Delivery of disclosure statement by transferor 8.18.040 Disclosure statement 8.18.050 Disclosure statement -- building permits 8.18.060 Refusal to sign disclosure statement 8.18.070 No limitation on other disclosure obligations 8.18.080 Delivery of disclosure statement 8.18.090 Presumption 8.18.100 Penalty for violation -1- 8.18.010 Policy statement. It is the policy of the City of Lodi to protect, preserve, and encourage the use of viable agricultural lands for the production of food and other agricultural products. Wbm nonagricultural land uses extend into or encroach upon agricultural areas, it is likely that conflicts will arise between such land uses and the agricultural operations. These conflicts often result it an involuntary curtailment or cessation of agricultural operations, are detrimental to the local economy, and discourage investment in such agricultural operations. The purpose of this ordinance is to reduce the occurrence of conflict between agricultural and non-agricultural land uses within the City. 8.18.020 Definitions. 1. "Agricultural activity" shall mean the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, 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 to market, or to carriers for transportation to market. 2. "Buyer" shall mean any transferee of real property. 3. "Property" shall mean any real property located anywhere within the City Limits of Lodi. I 4. "Seller" shall mean the owner and/or transferor of title to real property or seller's authorized selling agent as defined in -2- Business and Professions Code Section 10130 et seq., or Health and Safety Code Section 18006. 8.18.030 Delivery of disclosure statement by transferor. The transferor of any real property subject to this chapter shall deliver the disclosure statement required by this chapter to the prospective transferee as follows: A. In the case of a sale, as soon as practicable before transfer of t tle. B. In the case of transfer by a real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection, "execution" means the making or acceptance of an offer. With respect to any transfer subject to subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendm attached thereto, or on a separate document. 8.18.040 Disclosure statement . the disclosure required by this chapter shall be in essentially the same form as set forth herein which shall state: -3- REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS CISCLOSURE STATEMENT COWCERNS THE REAL PROPERTY SITUATED IN THE CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. 1519 OF THE LODI MUNICIPAL CODE AS Of SEPTEMBER 4, 1991. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPALS(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 LODI, 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. -4- 1. The City o f Lodi permits operation o f properly conduc=ed agricultural operations within the city limits, including those stat utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED THAT THE PROPERTY Y0U ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SLJBJECT TO INCONVENIME'E OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTWL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, CULTIVATION, PL0WING , SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WA.,STE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM DEPREDATION, AND 074ER ACTIVITIES WHICH OCCASIONALLY GENERATE DUST, SMOKE, NOISE, AND OIo-R. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect o f living in an agriculturally active region. OA Seller certifies that the information herein is true and correct to the best of seller's knowledge as of the date signed by the seller. Seller Seller -5- Date Date r�. II BUYER(S) AND SELLER(S) MAY WISH TO MAN PROFESSI09AL ADVKE AND/OR NSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS N A CONTRACT BETWEEN BUYER AND SELLER (S) W M RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE REC= OF A COPY OF THIS STAlIlV1El\E Seller Oa t e Buyer Date Seller Date Buyer Date Agent '(Broker Representing Se11er) By Date (Associate Licensee or Broker -Signature) Agent (Broker Obtaining the Offer By Date (Associate Licensee or Broker -Signature) A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICF, CONSULT YOUR ATTORNEY. 8.18.050 Disclosure statement - Building permits. Prior to issuance of a city building permit for constrvction of a residential building, the owner of the property upon which th". building is to be constructed shall sign, date, and file with the City building department the disclosure statement set forth below: The City of Lodi permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. YOU ARE HEREBY MOTIFIED .am THAT THE PROPERTY FOR WHICH A BUILDING PERMIT IS BEING SOUGHT MAY BE LCCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION GF CROPS AND ANIMALS FROM DEPREDATION, AND OTHER ACTIVITIES WHICH OCCASIONALLY GENERATE DUST, SMOKE, NOISE, AND ODOR. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living i n an agriculturally active region. I declare that - I have read and understand the foregoing disclosure. Dated: (Sign) Print Name: 8.18.060 Refusal to sign disclosure statement. If a buyer refuses to sign the disclosure statement set forth in Sections 8.18.040 and/or 8.18.050 above, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in Section 8.18.080 and affixing and signing the following declaration to the statement: I (insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert buyer's name) who has refused t o sign. -7- I declare the foregoing to be true under penalty of perjury. Dated: (sign) Print Nam: 8.18.070 W limitation on other disclosure obligations. The- specification of items of disclosure in this chapter shall 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 sale. 8.18.080 Delivery of disclosure statement. Delivery of the disclosure statement required by Sections 8.18.040 and/or 8.18.050 above shall be by personal delivery or certified mail return receipt requested to the buyer. 8.18.090 Presumption. Compliance with the provisions of this part shall create a presumption that specified agricultural activities are n t a nuisance, as provided in Civil Code Section 3482.5. 8.18.100 Penalty for violation. Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100.00). so SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be pubiished one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 2nd day of October, 1991 ).,Ij r JA DA INC Mayor Attest. : X ALICE M. REII�CHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1519 was introduced at a regular meeting of the City Council of the City of Lodi held September 18, 1991 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held October 2, 1991 by the following vote: Ayes: Council Members - Pennino, Pinkerton, Sieglock, Snider and H i nchman (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None WE I further certify that Ordinance No. 1519 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. n ALIO M. REIMCHE City Clerk Approved as t o Form f BOBBY W. McMTT City Attorney ORD1519/TXTA.02J -10-