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Oakdale City Zoning Code

§ 36-30.130

Resolution of Disputes.

[Ord. No. 1022, § 5, 1995.]
A. 
Should any controversy arise regarding any inconveniences or discomforts associated with agricultural operations, the parties may submit the controversy to a grievance committee as set forth below in an attempt to resolve the matter, prior to the filing of any court action.
B. 
There is hereby established the City of Oakdale Agricultural Grievance Committee, which shall arbitrate and mediate disputes involving agricultural operations and issue advisory opinions on whether agricultural operations are conducted in a manner consistent with proper and accepted customs and standards as established by similar agricultural operations in the same locality.
C. 
The City of Oakdale Planning Commission shall serve as the Agricultural Grievance Committee as the need arises. Community Development Department staff shall prepare staff reports and maintain minutes of each meeting of the Grievance Committee. Members of the Grievance Committee shall receive their regular compensation as members of the Planning Commission for carrying out these duties.
D. 
The Stanislaus County Agricultural Commissioner, farm advisors from the University of California Cooperative Extension of Stanislaus County, and staff from the Stanislaus County Department of Environmental Resources may serve as technical advisors to the Grievance Committee as the need arises.
E. 
Any controversy between the parties may be submitted in writing to the Grievance Committee within thirty (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.
F. 
Thereafter the Grievance Committee may investigate the facts of the controversy but must, within forty-five (45) days, hold a meeting to consider the merits of the matter and within twenty (20) days of the meeting 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. The decision of the Grievance Committee is final and shall not be appealed to the City Council.
G. 
The effectiveness of the Grievance Committee as a forum for resolution of disputes is dependent upon the willingness of both parties to voluntarily submit the dispute to arbitration and their agreement to abide by the Grievance Committee's decision. Full discussion and complete presentation of all pertinent facts concerning the dispute is necessary to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.
H. 
Any costs associated with the functioning of the Grievance Committee process, including costs of investigation, shall be borne by the losing party or in such proportion as the Grievance Committee shall deem appropriate. The City Council may, by resolution, prescribe fees.