Chapter 6.28 FARMING RIGHTS
Section 6.28.080 Notification to transferees.
A. Pursuant to Section 1102.6a of
the California Civil Code, it is intended by Section
6.28.080 to require disclosures in addition to those disclosures required by Section 1102.6 of the
California Civil Code.
B. Every transferor of property subject
to the requirements of Section 6.28.070 shall, upon
transfer, also provide to any transferee the notice of right to farm recited below in writing. The
notice of right to farm may be contained in any form of agreement or contract; however, the
notice need be given only once in any transaction. The transferor shall acknowledge delivery of
the notice and the transferee shall acknowledge receipt of the notice.
NOTICE OF RIGHT TO FARM
Alameda County permits operation of properly conducted agricultural
operations within the
County.
You are hereby notified that the property you are acquiring
an interest in is located within
2,000 feet of agricultural land, agricultural operations or agricultural processing facilities or
operations. You may be subject to inconvenience or discomfort from lawful agricultural or
agricultural processing facilities operations. Discomfort and inconvenience may include, but is
not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the
operation of machinery (including aircraft) during any 24-hour period. Should any dispute arise
regarding any inconvenience or discomforts from an agricultural operations the parties may
submit the dispute, within 30 days of the date of the occurrence, to the Alameda County
Agricultural Committee created by the Board of Supervisors.
One or more of the inconveniences described above may occur
as a result of agricultural
operations which are in compliance with existing laws and regulations and accepted customs and
standards. If you live near an agricultural area, you should be prepared to accept such
inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong
rural character and an active agricultural sector.
Lawful ground rig or aerial application of pesticides, herbicides,
fungicides, rodenticides and
fertilizers occurs in farming operations. Should you be concerned about spraying, you may
contact the Alameda County Agricultural Commissioner.
Alameda County Right to Farm Ordinance does not exempt farmers,
agricultural processors or
others from compliance with law. Should a farmer, agricultural processor or other person not
comply with appropriate state, federal or local laws, legal recourse may be possible by, among
other ways, contacting the appropriate agency.
This notification is given in compliance with the Alameda
County Code Section 6.28.080 By
initialing below, you acknowledging receipt of this notification.
Transferor s Initials_____
Transferee s Initials_____
C. The failure to give the notice
required by this section shall not invalidate any transfer.
(Ord. 2000-61 § 1 (part))