PC-94-03 - Laserfiche WebLink

17.48.030 Nuisance. No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof, provided that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any stream, canal, or basin or any public park, square, street or highway. 17 .48.040 Resolution of Disoutes. Should any dispute 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 pesticide, the parties shall submit the dispute to the City Council in an attempt to resolve the matter prior to filing any court action as set forth below. 17.48.050 Role of A~ricultural Advisory Committee. In the event a dispute arises between an owner of an agricultural operation and a resident (or residents) in or about the locality thereof as to whether a particular agricultural operation constitutes a nuisance, the City Council may request the Alameda County Agricultural Advisory Committee to act as a mediator in such dispute. The Agricultural Advisory Committee may decline any such request to consider or issue an advisory opinion or mediate a dispute. The Agricultural Advisory Committee may request technical assistance from City agencies, departments, private industry or the general public in the course of investigating and evaluating any dispute. 17 .48.060 Procedures. A. Any dispute between the parties shall be submitted to the City Council within thirty (30) days of the date of the occurrence of the particular activity giving rise to the dispute or of the date party became aware of the occurrence. B. The parties to a dispute 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. -