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

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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)

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