§ 1330-030. DISCLOSURE  


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  • (a)

    Where a building designed for residential occupancy is to be located on or adjacent to agricultural land, the owners of the property shall sign, prior to the issuance of a building permit, a statement of acknowledgment on a form approved by the County which contains substantially the following:

    "The property whose address, map number or Assessor's parcel number is ___________ is adjacent to land or included within an area zoned for agricultural purposes, and residents of this property may be subject to inconveniences or discomfort arising from the use of agricultural chemicals, including but not limited to herbicides, pesticides, and fertilizers as well as noise and odors associated with animal husbandry; and from the pursuit of agricultural operations including, but not limited to cultivation, plowing, spraying, pruning, and harvesting which occasionally generate dust, smoke, noise, and odor. Sutter County has established zoning for agricultural land which sets a priority on the use of the lands therein included for productive agricultural purposes, and residents within said zones and within adjacent property should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operations. For more details see Sutter County Ordinance Code Chapter 1330.

    "In light of the importance of the above considerations, I/we agree that in the event the property described above is sold, I/we will disclose to any subsequent purchaser the agricultural character of the surrounding lands and provide to the purchaser a copy of this statement."

    (b)

    Evidence satisfactory to the Building Inspector that the disclosure statement set forth in (a) above has been duly signed shall be presented prior to the issuance of a building permit.

    (c)

    Where a building permit for a building subject to this section has been issued and the property upon which said building is situated is subsequently sold, the seller shall disclose to the buyer that the property is adjacent to land or included within an area zoned for agricultural purposes and shall provide to the buyer a copy of a statement conforming to the provisions of subsection (a) hereof.

    (d)

    When transfers of real property occur, the seller shall ensure the disclosure statement set forth in subsection (a) above is included in or reference to it made in the disclosure form required by California Civil Code §§1102 and 1102.6. Failure to do so constitutes misrepresentation and failure to disclose neighborhood conditions as required by Subsection II-C-10 of said §1102.6.