§ 35-3-303. ADDITIONAL REQUIRED NOTICES.

(a)

Notice of no public sewer or water or of panhandle lot.

(1)

A property owner shall include the following notices, as applicable, in:

(i)

A contract for the sale of the property; and

(ii)

An advertisement displayed on the property or in a handbill, newspaper, or other printed matter.

(2)

(i)

If the property is not served by a public sewer or water supply system, the notice shall state:

1.

That the property is not served by a public sewer or water supply system; and

2.

Whether the property is equipped with a private sewer or water supply.

(ii)

If the property lot is a panhandle lot as defined under § 32-4-101 of the Code, the notice shall state that:

1.

The property is a panhandle lot; and

2.

The county is not responsible for maintaining the road, removing snow, or providing trash collection along the panhandle driveway.

(b)

Notice of RC 4 zone. A contract for the sale of real estate in or within 500 feet of any RC 4 zone shall contain notice that:

(1)

The property may be subject to inconveniences or discomforts arising from agricultural operations, including:

(i)

Operation of machinery of any kind including aircraft, during any 24-hour period;

(ii)

The storage and disposal of manure; and

(iii)

The application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides; and

(2)

The county will not consider an agricultural operation to be a public or private nuisance if the operation:

(i)

Complies with all federal, state, or county health and zoning requirements; and

(ii)

Is not being conducted in a negligent manner.

(c)

Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.

(1988 Code, § 3-3) (Bill No. 172, 1989, § 2, 12-26-1990; Bill No. 113, 1992, §§ 3, 4, 7-1-1992; Bill No. 97-98, § 2, 9-18-1998; Bill No. 25-01, § 2, 7-1-2004; Bill No. 76-03, § 9, 7-1-2004)