(A) If any person who resides adjacent or proximate to an agricultural operation believes that an agricultural operation has caused or is causing a nuisance from agricultural operations, including, but not limited to, noises, odors, fumes, dust, the operation of machinery of any kind during any 24 hour period, the storage and disposal of manure, or the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, or other similar activities so as to be maintaining or conducting the operation in a manner not substantially consistent with proper and accepted customs and standards, then the person may submit the matter to a grievance committee as set forth below in an attempt to resolve the matter prior to the filing of any formal legal action.
(B) Any dispute arising under division (A) above may be submitted to a grievance committee, whose decision shall be advisory only, within 30 days of the date of the occurrence of the particular activity first giving rise to the controversy, or of the date a party became aware of the occurrence.
(C) The grievance committee shall be composed of five members. Those members shall be:
(1) One designee appointed by the County Judge/Executive;
(2) The county Extension Agent for Agriculture;
(3) The Director of the county Planning and Zoning Commission;
(4) The President of the county Farm Bureau;
(5) The President of the Northern Kentucky Home Builders Association.
(D) Each of the persons listed in division (C) may appoint someone to serve on the committee in their place.
(E) The parties shall cooperate in the exchange of pertinent information concerning the dispute.
(F) The grievance committee shall investigate the facts of the dispute and shall, within 30 days of the initial request, hold a meeting to consider the merits of the matter and within 20 days of the meeting, render a written decision to the parties. At the time of the meeting, each party shall have an opportunity to present material and relevant or pertinent facts.
(Ord. 1010.16, passed 2-13-96)