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Home My WebLink AboutOrdinances - No. 1519ORDINANCE NO. 1519 AN ORIITNANCF 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 follows: Chapter 8.18 Notice of Agricultural Operations Affecting Other Property. Sections : 8.18.010 8.18.020 8.18.030 8.18.040 8.18.050 8.18.060 8.18.070 8.18.080 8.18.090 8.18.100 Policy Statement Definitions Delivery of disclosure statement by transferor Disclosure statement Disclosure statement -- building permits Refusal to sign disclosure statement No limitation on other disclosure obligations Delivery of disclosure statement Presumption Penalty for violation -1- 8.18.010 Pol icy 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. When nonagricul tural 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 in 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. 3. "Property" shall mean any real property located anywhere "Buyer" shall mean any transferee of real property. within the City Limits of Lodi. 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 addendum attached thereto, or on a sepzrate 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- e a REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS 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- a 0 1. 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 NOTIFIED THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED 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 OF 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 in an agriculturally active region. 2. 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 Date Seller Date -5- I1 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 STATEMEN1 Sell er Date Buyer Date Sell er Date Buyer Date Agent XBroker Representing Seller) BY Date (Associate Licensee or Broker-Si gnature) 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 ADVICE, CONSULT YOUR ATTORNEY. 8.18.050 Disclosure statement - Building permits. Prior to issuance of a city building permit for construction of a residential building, the owner of the property upon which the building is to be constructed shall sign, date, and file with the City building department the disclosure statement set forth below: DISCLOSURE STATEMENT - BUILDING PERMIT 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 NOTIFIED -0- THAT THE PROPERTY FOR WHICH A BUILDING PERMIT IS BEING SOUGHT MAY BE LOCATED 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 OF 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 in 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 to sign. -7- I declare the foregoing to be true under penalty of perjury. Dated: (sign1 Print Name: 8.18.070 No 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). -8- SECTION 2. All ordinanc and parts of rdinances in confli herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published 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 Attest: Mayor r.. , . ,I .I ,),:..'>:.: , is. #. 4 /A1.//;,, ALICE M. REIMCHE 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 : Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None Council Members - Pennino, Pinkerton, Sieglock, Snider and Hinchman (Mayor) 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. Approved as to Form City Attorney