§ 18.06.030. Disclosure requirements.

A.

Generally, the disclosure provisions of this section are intended to be consistent with and supplement existing statutory obligations of sellers of real property, and their agents, to disclose all material facts concerning the property to be transferred, including existing or potential incompatible activities on adjacent land, as set forth in Civil Code Sections 1102 et seq.

B.

The disclosures required by this chapter, which are in addition to any other disclosure requirements which may apply, shall be used in the following circumstances and occur in the following manners:

1.

Upon 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 residential stock cooperative improved with dwelling units, the county of Shasta will notify purchasers or lessees by mailing to them information concerning the potential for discomforts or inconveniences relating to existing or potential future agricultural activities or operations in the vicinity of the subject property;

2.

Upon the approval of a discretionary development entitlement allowing nonagricultural uses on or adjacent to agricultural land, including but not limited to subdivisions, parcel maps and use permits, the discretionary development approval shall be conditioned to require that the owner(s) of the property for which the entitlement has been approved shall receive a copy of this chapter and comply with disclosure provisions herein upon any subsequent sale of all or part of the affected property.

C.

The disclosure required by Section 18.06.030(b)(2) is set forth in this chapter, and shall be made on a copy of, the following disclosure form:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF SHASTA, STATE OF CALIFORNIA, DESCRIBED AS ____________ . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SHASTA COUNTY CODE, CHAPTER 18.06. 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
SELLERS 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 COUNTY OF SHASTA 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.

1. The County of Shasta permits operation of properly conducted agricultural/forestry operations within the county. If the property you are purchasing is located near agricultural lands or operations, or is included within or adjacent to an area where agricultural operations are or may be permitted, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft), during any 24 hour period. Also storage or disposal of manure, and the application, by spraying or otherwise, of fertilizers, soil amendments, herbicides, pesticides, and grazing of livestock on open range. One or more of the inconveniences described may occur as a result of any agricultural operations which is in conformance with existing laws and regulations and accepted customs and standards. If you live near an agricultural/forested area you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

  Seller certifies that the information herein is true and correct to the best of the sellers 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 _____
Seller _____	Date _____
Seller _____	Date _____
Seller _____	Date _____
Agent (Broker representing Seller) _____
By _____	Date _____
Agent (Broker obtaining the Offer) _____
By _____	Date _____

 

 

State of California		On this the ____________ day of ____________
	SS.	before me, the undersigned Notary Public personally appeared.
County of Shasta
		_____
		_____

 

____________ Personally known to me. ____________ Provided to me on the basis of satisfactory evidence to be the person(s) whose name(s) ____________ subscribed to the within instrument and acknowledged that ____________ executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

____________

Notary Public

Present A.P. Number(s)   ____________

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

(d)

If a buyer refuses to sign the disclosure statement set forth in Section 3(a)(b) the transferor may comply with the requirements of this chapter by delivering the statement to the Buyer as provided in Section 3(a)(b) and affixing and signing the following declaration to the statement:

I, ____________ , have delivered a copy of the foregoing disclosure statement as required by law to ____________ who has refused to sign.

I declare the foregoing to be true.

Date: _____	(Signed) _____
	Print Name _____

 

(Ord. 94-2 § 1 (part), 1994)