§ 16.40.050. Voluntary dispute resolution process.

A.

Voluntary Dispute Resolution Process. Should any dispute arise regarding any inconvenience or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation of the parties involved, the parties may choose to submit the dispute to the voluntary dispute resolution process as set forth in this Section in an attempt to resolve the matter prior to the filing of any court action.

B.

Role of Agricultural Commissioner. The Monterey County Agricultural Commissioner or his or her designee in the Monterey County Office of the Agricultural Commissioner (hereafter "Agricultural Commissioner") shall serve as the County official to hear and mediate disputes relating to inconveniences or discomforts associated with adjacency to agricultural operations. The Agricultural Commissioner shall convene meetings among the parties to the dispute as needed, shall provide notice of such meetings to all known parties to the dispute, and shall provide an opportunity for all known parties to the dispute to be heard.

C.

Cooperation. The effectiveness of the voluntary dispute resolution process is dependent upon full discussion and complete presentation by the parties of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the dispute.

D.

Process. The dispute resolution process shall be initiated by written request of one of the parties. Thereafter the Agricultural Commissioner or his or her designee may investigate the facts of the dispute but must, within twenty-five (25) days or as soon thereafter as is feasible, hold a meeting among all known parties to the dispute to consider the merits of the matter and within five days of the meeting render a written decision to the parties. At the time of the meeting, the parties shall have an opportunity to present what each considers pertinent facts. The time limits provided in this Subsection for action by the Agricultural Commissioner may be extended upon written agreement of all known parties to the dispute.

(Ord. 3728, 1993)

(Ord. No. 5248, § 8, 10-28-2014)