§ 53A.8. CONTRACT CANCELLATION.

(a) If the Agricultural Commissioner finds that a property owner is in breach of the terms of the Contract, the Agricultural Commissioner shall notify in writing the Assessor-Recorder, the Planning Department, and the property owner of his or her intent to cancel the Contract. The property owner may file a written appeal of this determination with the Clerk of the Board of Supervisors within 30 days of notification. If the appeal is timely filed, the Clerk of the Board of Supervisors shall calendar the appeal for hearing before the Board of Supervisors within 45 days of its filing.

(b) The cancellation shall become final within 30 days of notification if no appeal is filed or, if an appeal is filed, on the date the Board of Supervisors upholds the cancellation. Once the appeal is final, the Agricultural Commissioner shall submit written notice of the cancellation of the Contract to the property owner, Assessor-Recorder, and Planning Department and shall record a notice of cancellation of the Contract against the property.

(c) A property owner may cancel the Contract at any time by submitting written notice to the Agricultural Commissioner and upon payment of any required fee pursuant to subsection (d) below. The property owner shall record a notice of cancellation of the Contract against the property.

(d) Upon cancellation of any Contract prior to the expiration of its term, the property owner shall pay to the Treasurer-Tax Collector a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the Contract, as determined by the Assessor-Recorder. This fee shall include the cumulative tax owed, including interest. The property owner may appeal payment of this fee to the Board of Supervisors either: (1) as part of any appeal of the cancellation if the cancellation is initiated by the Agricultural Commission; or (2) through a separate appeal of the fee if the cancellation is initiated by the property owner. Any separate appeal of the fee shall be filed with the Clerk of the Board of Supervisors within 10 days of the property owner's submittal of written notification of cancellation under Subsection (c) above, and, if the appeal is timely filed, the Clerk of the Board of Supervisors shall calendar the appeal for hearing within 45 days of filing. The Board of Supervisors may waive payment of the fee, or any portion thereof if it determines that the cancellation was caused by extenuating circumstances despite the good faith effort by the landowner to comply with the provisions of the Contract.

(Added by Ord. , File No. 140702, App. 8/7/2014, Eff. 9/6/2014)