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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B29 AGRICULTURE AND RESOURCE MANAGEMENT

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B29
AGRICULTURE AND RESOURCE MANAGEMENT

CHAPTER I.
AGRICULTURAL RIGHTS, DISCLOSURE AND DISPUTE RESOLUTION

Sec. B29-1. Findings.

(a) The Board of Supervisors of Santa Clara County finds that commercially viable agricultural land exists within the County, and that it is in the public interest to enhance and encourage agricultural operations within the County. The Board of Supervisors of Santa Clara County also finds that residential and commercial development adjacent to certain agricultural lands often leads to restrictions on agricultural operations to the detriment of the adjacent agricultural uses and the economic viability of the County's agricultural industry as a whole.

(b) The purposes of this chapter are to promote public health, safety and welfare and to support and encourage continued agricultural operations in the County. 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, Division 7 of the Water Code (Water Code § 13000 et seq.), 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 County regulations.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-2. Definitions.

(a) Agricultural land: All that real property within the boundaries of Santa Clara County currently used for agricultural operations or upon which agricultural operations may in the future be established.

(b) Agricultural operation: Includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, on-farm marketing, and processing of any agricultural commodity, including viticulture, horticulture, mushrooms, timber or agriculture, the raising of livestock, fur-bearing animals, 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. No. NS-300.705, § 3, 1-14-03)

Sec. B29-3. Nuisance.

No agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all chapters of the Santa Clara County Code, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to the Santa Clara County Code, if it was not a nuisance when it began.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-4. Real estate transfer disclosure statement.

(a) Pursuant to California Civil Code § 1102.6a, it is intended by this chapter to require disclosures in addition to those disclosures required by California Civil Code § 1102.6.

(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 shall require that the disclosure statement set forth in Subsection (c) shall be signed by the purchaser or lessee.

(c) The disclosure required by Subsection (b) shall contain, and be in the form of, the following:

REAL ESTATE TRANSFER DISCLOSURE

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF SANTA CLARA, 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 COUNTY 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 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, perspective 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 COUNTY OF SANTA CLARA 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 COUNTY OF SANTA CLARA RECOGNIZES AND SUPPORTS THE RIGHT TO FARM AGRICULTURAL LANDS AND PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE COUNTY. If the subject 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 aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Santa Clara County 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. Santa Clara County has established a Grievance Committee to assist in the resolution of any disputes which might arise between residents of this County regarding agricultural operations. If you have any questions concerning this policy or the Grievance Committee, please contact the Santa Clara County Department of Agriculture and Resource Management.

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 ____

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 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 ____ (Associate Licensee or Broker) Date ____

Agent (Broker) Representing Seller ____ By ____ (Associate Licensee or Broker) Date ____

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-5. Severability.

If any section, subsection, sentence, clause or phrase of this article 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 article.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-6. Resolution of disputes.

Should any controversy arise regarding any inconveniences or discomforts occasioned by agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operations 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 parties may submit the controversy to arbitration and a Grievance Committee as set forth below in an attempt to resolve the matter prior to the filing of any court action.

Grievance Committee: The Grievance Committee shall consist of three members. One member, who shall act as chairperson, from the Office of Human Relations, one member from the County Farm Bureau, and one member to represent an interested homeowners' association, as designated by the chairperson of the Grievance Committee.

(a) Any controversy between the parties may be submitted to a Grievance Committee within 30 days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

(b) The parties recognize the value and importance of full discussion and complete presentation and agreement concerning all pertinent facts in order to eliminate any misunderstandings. The parties will cooperate in the exchange of pertinent information concerning the controversy.

(c) The controversy shall be presented to the Committee by written request of one of the parties within the time limits specified. Thereafter the Committee may investigate the facts of the controversy, but must, within 30 days, hold a meeting to consider the merits of the matter and within 20 days of the meeting must render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts.

(d) The decision of the Committee shall not be binding. If however, one of the parties is not satisfied with the Committee decision upon agreement of both parties the matter may be submitted to binding arbitration according to the procedures set forth in section below.

(e) Binding arbitration procedures:

(1) The controversy between the parties shall be submitted to arbitration upon the written agreement of both parties.

(2) The parties shall each appoint one person to hear and determine the dispute. If these two arbitrators cannot agree, then the two arbitrators shall choose a third impartial arbitrator who shall make the decision. The cost of the arbitration shall be borne by the losing party or in such proportions, as the arbitrators shall decide.

(Ord. No. NS-300.705, § 3, 1-14-03)

Secs. B29-7--B29-9. Reserved.

CHAPTER II.
BEEKEEPING

Sec. B29-10. Definitions.

The words and terms used in this chapter shall have the following meanings:

(a) Apiary: Bees, hives and appliances wherever the same are kept, located or found.

(b) Bees: Honey-producing insects of the species Apis mellifera including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.

(c) Hives: Any receptacle or container made or prepared for the use of bees, or a box or similar container of which bees have taken possession.

(d) Location: Any premises upon which an apiary is located.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-11. Notice required when moving apiaries.

No apiary shall be moved into the County or within the confines of the County without notice in writing being given to the Agricultural Commissioner of the County within five days from the date movement is begun, stating:

(a) The number of colonies of bees to be moved into or within the County.

(b) The location of the property in the County to which bees are to be moved, and the name and address of the owner of the property or person in possession thereof.

(c) The distance of the proposed location of the apiary from the nearest public road intersection.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-12. Location of apiary.

No apiary shall be located:

(a) At a distance less than 1,000 feet from the nearest residence, church, school, public building, dairy corral or water area in the corral unless the owner or persons in possession thereof gives his written permission to the location of said apiary at a closer distance.

(b) On any lands without the written consent of the owner or person in possession thereof.

(c) Closer than 300 feet from any public road.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-13. Water supply.

A water supply adequate in quantity for the apiary must be provided and maintained.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-14. Identification of premises.

Every person maintaining any apiary on premises other than that of his or her residence shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, his or her address and telephone number, or a statement that he or she has no phone. Said sign shall be prominently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-15. Notice, correction of violation.

Any person transporting or maintaining an apiary who violates any of the provisions of this article may be given verbal or written notice by the Agricultural Commissioner of the County or any law enforcement officer. A written notice shall also be posted on the location for 48 hours, and it shall be unlawful for the owner or person in possession of said apiary to fail to correct said violation within said period. The provisions of this article, however, shall not authorize the keeping of bees in areas where they are not otherwise allowed by law.

(Ord. No. NS-300.705, § 3, 1-14-03)

Sec. B29-16. Penalty; abatement.

Every person violating any provision of this article who has been given notice thereof as prescribed herein shall be guilty of a misdemeanor. In addition to the other remedies provided for herein or by law for the violation hereof, the District Attorney may maintain an action for injunction to restrain or abatement to correct or compel the removal of such violation or violations.

(Ord. No. NS-300.705, § 3, 1-14-03)

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