745. The Legislature hereby finds and declares that:
(a) The establishment, use, and maintenance of junkyards in areas
adjacent to any interstate or primary highway should be controlled in
order to promote the safety and recreational value of public travel,
to protect the public investment in such highways, and to preserve
the natural beauty of areas adjacent to such highways. The
Legislature finds that motorists are distracted by unscreened
junkyards adjacent to such highways and that a junkyard visible from
such a highway constitutes a hazard to the safety of the traveling
public.
(b) It is the intent of the Legislature, by the enactment of this
article, to provide for the state control of junkyards required by
Section 136 of Title 23 of th United States Code.
(c) The recycling industry plays an important role in the
conservation of our state resources. In support of that role, should
removal of junk or scrap from a nonconforming junkyard be necessary
because such junk or scrap is visible from any interstate or primary
highway, then the department may either purchase such junk or scrap
and move it to a recycling center or pay the costs of moving the junk
or scrap to a recycling center, whichever is less expensive.
746. As used in this article:
(a) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, junked, dismantled or
wrecked motor vehicles, or parts thereof, iron, steel and other old
or scrap ferrous or nonferrous material.
(b) "Automobile graveyard" means any establishment or place of
business which is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
(c) "Junkyard" means any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. This definition includes scrap metal processors,
autowrecking yards, salvage yards, scrap yards, auto recycling yards,
used auto parts yards, and temporary storage of automobile bodies
and parts awaiting disposal as a normal part of a business operation
when the business will continually have like materials located on the
premises. The definition also includes garbage dumps and sanitary
landfills. The definition does not include litter, trash, and other
debris scattered along or upon the highway, or temporary operations
and outdoor storage of limited duration.
(d) "Scrap metal processing facility" means any establishment or
place of business which is maintained, used, or operated solely for
the processing and preparing of scrap metals for remelting by steel
mills and foundries.
(e) "Automobile dismantling facility" means any establishment or
place of business which is maintained, used, or operated by an
"automobile dismantler," as defined in the Vehicle Code, for the
buying, selling, or dealing in vehicles of a type required to be
registered under the Vehicle Code for the purpose of dismantling such
vehicles and for the buying or selling of the integral parts and
component materials of such vehicles.
(f) "Special conditions" are any of the following which have
occurred after October 6, 1966: (1) physical changes which occur
within a state-owned right-of-way which cause a junkyard to become
visible, such as the failure to maintain screening within the
right-of-way or the reconstruction of the highway, (2) the
classification of a highway as interstate or primary, or (3)
redesignation of an industrial zone to some other zoning
classification.
(g) "Visible" means capable of being seen without visual aid by a
person of normal visual acuity while driving on the main traveled way
of an interstate or primary highway.
(h) "Interstate highway" means any highway at any time officially
designated as a part of the national system of interstate and defense
highways by appropriate authority of the federal government.
(i) "Primary highway" means any highway, other than an interstate
highway, at any time officially designated as a part of the
federal-aid primary system by appropriate authority of the federal
government.
(j) "Recycle" means either:
(1) Purchasing junk and moving it to an automobile wrecker or
scrap processor, or putting it to some other useful purpose, or
(2) Paying the costs of moving such junk to an automobile wrecker
or scrap processor or to a place where it will be put to some useful
purpose.
746.1. "Nonconforming junkyard" means either of the following:
(a) A junkyard lawfully in existence on October 6, 1966, but which
does not conform to the requirements of this article.
(b) A junkyard which is lawfully in existence at any time but
later fails to comply with the requirements of this article due to
special conditions as defined in subdivision (f) of Section 746.
746.2. Nonconforming junkyards may continue in existence as long as
they are not extended, enlarged, or changed in use, and are
otherwise lawfully maintained.
If the location of a nonconforming junkyard is changed for any
reason, it ceases to be nonconforming and shall be treated as a new
junkyard at a new location.
746.3. An illegal junkyard is one which is either:
(a) Established or is maintained in violation of this article and
does not come within the definition of a "nonconforming junkyard," as
defined in Section 746.1.
(b) A junkyard which becomes visible due to inadequate maintenance
of screening located off the highway right-of-way, or the placement
of junk so that it may be seen above or beyond the screen, or
otherwise becomes visible.
(c) A junkyard which, due to any conditions other than those
described in subdivision (f) of Section 746, is established or
maintained in violation of this article.
747. Except as hereafter provided, no junkyard shall be
established, operated, or maintained if any portion of the junkyard
is within 1,000 feet of the nearest edge of the right-of-way and
visible from the main traveled way of any interstate or primary
highway and is not located in an area zoned for industrial purposes.
747.1. Sanitary landfills need not be screened to satisfy the
requirements of this article but landscaping shall be required when
the fill has been completed and operations have ceased, unless the
landfill area is to be used for immediate development purposes.
748. (a) Any nonconforming junkyard, as soon as the maximum federal
share under Section 136 of Title 23, United States Code, is
available for that purpose, shall be removed from sight of interstate
or primary highways by any of the following methods to whatever
extent is required, so as not to be visible from the main traveled
way of any interstate or primary highway:
(1) Screening by natural objects, plantings, fences, or other
appropriate means.
(2) Recycling, as defined in subdivision (j) of Section 746.
(3) Relocation.
(b) This section applies if any portion of such junkyard is within
1,000 feet of the nearest edge of the right-of-way and if it is
visible from the main traveled way of such highway. The department
shall screen such junkyards at locations on the highway right-of-way
or in areas acquired for such purpose adjacent to the right-of-way or
may compensate the junkyard owner for the placement of screening on
the junkyard property.
749. The department may also screen any junkyards located within
1,000 feet of the nearest edge of the right-of-way of an interstate
or primary highway and located within an industrial zone if the
director finds that such screening is necessary or desirable to
achieve the purposes set forth in subdivision (a) of Section 745.
751. The department is authorized to acquire such interests in real
and personal property as may be necessary to effect the screening,
recycling, relocation, removal, or disposal of junkyards required by
the provisions of this article.
751.1. The Legislature hereby declares that the acquisition of
interests in real and personal property to effect the screening,
relocation, removal, or disposal of junkyards provided for in Section
751 constitutes a public use and purpose.
752. If federal law should be interpreted as requiring the states
to pay just compensation with regard to the relocation, removal, or
disposal of junkyards, just compensation shall be paid by the
department to the owners of nonconforming junkyards which must be
relocated, removed, or disposed of pursuant to the provisions of this
article.
753. The commission is authorized to allocate funds from the State
Highway Account in the State Transportation Fund for all of the
following purposes:
(a) Costs of administering the provisions of this article.
(b) Costs of maintaining only that screening which is located on
state right-of-way.
(c) Costs necessary to match the maximum contribution allowed by
the federal government in carrying out the purposes of this article.
754. Any junkyard which is established or maintained in violation
of the provisions of this article or the regulations prescribed
thereunder is a public nuisance and may be removed or otherwise
disposed of by any public employee or entity.
755. The director may screen, relocate, remove or dispose of any
illegal junkyard after 30 days' written notice posted on such
property and a copy forwarded by mail to the owner of such junkyard
at his last-known address. The department shall have an action to
recover the expense of such screening, relocating, removing or
disposing, costs and expenses of suit, and, in addition thereto, the
sum of one hundred dollars ($100) for each day such junkyard or
portion thereof, remains in violation after the expiration of 30 days
from the time of forwarding such written notice.
For the purposes of this section, the director or his authorized
agent may enter upon private property.
All costs incurred under this section in screening, relocating,
removing or disposing of such junkyards shall be the responsibility
of the owners thereof.
756. Every illegal junkyard is a public nuisance and every person,
as principal, agent or employee, violating any of the provisions of
this article or the regulations prescribed thereunder is guilty of a
misdemeanor.
757. The remedies provided in this article for the removal of
junkyards are cumulative and not exclusive of any other remedies
provided by law.
758. The director may enter into agreements with the Secretary of
Transportation of the United States and accept any allotment of funds
as provided by Section 136 of Title 23 of the United States Code.
759. The director shall prescribe and enforce regulations governing
the establishment, screening, relocation, removal, or disposal of
junkyards as provided in this article consistent with the provisions
of Section 136 of Title 23 of the United States Code and the national
standards promulgated thereunder by the Secretary of Transportation.
759.3. It is declared to be the intent of the Legislature in
enacting this article to establish minimum standards with respect to
the regulation of outdoor junkyards. The governing body of any city,
county, or city and county may enact ordinances, including, but not
limited to, land use or zoning ordinances, imposing restrictions on
junkyards equal to or greater than those imposed by this article.
745. The Legislature hereby finds and declares that:
(a) The establishment, use, and maintenance of junkyards in areas
adjacent to any interstate or primary highway should be controlled in
order to promote the safety and recreational value of public travel,
to protect the public investment in such highways, and to preserve
the natural beauty of areas adjacent to such highways. The
Legislature finds that motorists are distracted by unscreened
junkyards adjacent to such highways and that a junkyard visible from
such a highway constitutes a hazard to the safety of the traveling
public.
(b) It is the intent of the Legislature, by the enactment of this
article, to provide for the state control of junkyards required by
Section 136 of Title 23 of th United States Code.
(c) The recycling industry plays an important role in the
conservation of our state resources. In support of that role, should
removal of junk or scrap from a nonconforming junkyard be necessary
because such junk or scrap is visible from any interstate or primary
highway, then the department may either purchase such junk or scrap
and move it to a recycling center or pay the costs of moving the junk
or scrap to a recycling center, whichever is less expensive.
746. As used in this article:
(a) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, junked, dismantled or
wrecked motor vehicles, or parts thereof, iron, steel and other old
or scrap ferrous or nonferrous material.
(b) "Automobile graveyard" means any establishment or place of
business which is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
(c) "Junkyard" means any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. This definition includes scrap metal processors,
autowrecking yards, salvage yards, scrap yards, auto recycling yards,
used auto parts yards, and temporary storage of automobile bodies
and parts awaiting disposal as a normal part of a business operation
when the business will continually have like materials located on the
premises. The definition also includes garbage dumps and sanitary
landfills. The definition does not include litter, trash, and other
debris scattered along or upon the highway, or temporary operations
and outdoor storage of limited duration.
(d) "Scrap metal processing facility" means any establishment or
place of business which is maintained, used, or operated solely for
the processing and preparing of scrap metals for remelting by steel
mills and foundries.
(e) "Automobile dismantling facility" means any establishment or
place of business which is maintained, used, or operated by an
"automobile dismantler," as defined in the Vehicle Code, for the
buying, selling, or dealing in vehicles of a type required to be
registered under the Vehicle Code for the purpose of dismantling such
vehicles and for the buying or selling of the integral parts and
component materials of such vehicles.
(f) "Special conditions" are any of the following which have
occurred after October 6, 1966: (1) physical changes which occur
within a state-owned right-of-way which cause a junkyard to become
visible, such as the failure to maintain screening within the
right-of-way or the reconstruction of the highway, (2) the
classification of a highway as interstate or primary, or (3)
redesignation of an industrial zone to some other zoning
classification.
(g) "Visible" means capable of being seen without visual aid by a
person of normal visual acuity while driving on the main traveled way
of an interstate or primary highway.
(h) "Interstate highway" means any highway at any time officially
designated as a part of the national system of interstate and defense
highways by appropriate authority of the federal government.
(i) "Primary highway" means any highway, other than an interstate
highway, at any time officially designated as a part of the
federal-aid primary system by appropriate authority of the federal
government.
(j) "Recycle" means either:
(1) Purchasing junk and moving it to an automobile wrecker or
scrap processor, or putting it to some other useful purpose, or
(2) Paying the costs of moving such junk to an automobile wrecker
or scrap processor or to a place where it will be put to some useful
purpose.
746.1. "Nonconforming junkyard" means either of the following:
(a) A junkyard lawfully in existence on October 6, 1966, but which
does not conform to the requirements of this article.
(b) A junkyard which is lawfully in existence at any time but
later fails to comply with the requirements of this article due to
special conditions as defined in subdivision (f) of Section 746.
746.2. Nonconforming junkyards may continue in existence as long as
they are not extended, enlarged, or changed in use, and are
otherwise lawfully maintained.
If the location of a nonconforming junkyard is changed for any
reason, it ceases to be nonconforming and shall be treated as a new
junkyard at a new location.
746.3. An illegal junkyard is one which is either:
(a) Established or is maintained in violation of this article and
does not come within the definition of a "nonconforming junkyard," as
defined in Section 746.1.
(b) A junkyard which becomes visible due to inadequate maintenance
of screening located off the highway right-of-way, or the placement
of junk so that it may be seen above or beyond the screen, or
otherwise becomes visible.
(c) A junkyard which, due to any conditions other than those
described in subdivision (f) of Section 746, is established or
maintained in violation of this article.
747. Except as hereafter provided, no junkyard shall be
established, operated, or maintained if any portion of the junkyard
is within 1,000 feet of the nearest edge of the right-of-way and
visible from the main traveled way of any interstate or primary
highway and is not located in an area zoned for industrial purposes.
747.1. Sanitary landfills need not be screened to satisfy the
requirements of this article but landscaping shall be required when
the fill has been completed and operations have ceased, unless the
landfill area is to be used for immediate development purposes.
748. (a) Any nonconforming junkyard, as soon as the maximum federal
share under Section 136 of Title 23, United States Code, is
available for that purpose, shall be removed from sight of interstate
or primary highways by any of the following methods to whatever
extent is required, so as not to be visible from the main traveled
way of any interstate or primary highway:
(1) Screening by natural objects, plantings, fences, or other
appropriate means.
(2) Recycling, as defined in subdivision (j) of Section 746.
(3) Relocation.
(b) This section applies if any portion of such junkyard is within
1,000 feet of the nearest edge of the right-of-way and if it is
visible from the main traveled way of such highway. The department
shall screen such junkyards at locations on the highway right-of-way
or in areas acquired for such purpose adjacent to the right-of-way or
may compensate the junkyard owner for the placement of screening on
the junkyard property.
749. The department may also screen any junkyards located within
1,000 feet of the nearest edge of the right-of-way of an interstate
or primary highway and located within an industrial zone if the
director finds that such screening is necessary or desirable to
achieve the purposes set forth in subdivision (a) of Section 745.
751. The department is authorized to acquire such interests in real
and personal property as may be necessary to effect the screening,
recycling, relocation, removal, or disposal of junkyards required by
the provisions of this article.
751.1. The Legislature hereby declares that the acquisition of
interests in real and personal property to effect the screening,
relocation, removal, or disposal of junkyards provided for in Section
751 constitutes a public use and purpose.
752. If federal law should be interpreted as requiring the states
to pay just compensation with regard to the relocation, removal, or
disposal of junkyards, just compensation shall be paid by the
department to the owners of nonconforming junkyards which must be
relocated, removed, or disposed of pursuant to the provisions of this
article.
753. The commission is authorized to allocate funds from the State
Highway Account in the State Transportation Fund for all of the
following purposes:
(a) Costs of administering the provisions of this article.
(b) Costs of maintaining only that screening which is located on
state right-of-way.
(c) Costs necessary to match the maximum contribution allowed by
the federal government in carrying out the purposes of this article.
754. Any junkyard which is established or maintained in violation
of the provisions of this article or the regulations prescribed
thereunder is a public nuisance and may be removed or otherwise
disposed of by any public employee or entity.
755. The director may screen, relocate, remove or dispose of any
illegal junkyard after 30 days' written notice posted on such
property and a copy forwarded by mail to the owner of such junkyard
at his last-known address. The department shall have an action to
recover the expense of such screening, relocating, removing or
disposing, costs and expenses of suit, and, in addition thereto, the
sum of one hundred dollars ($100) for each day such junkyard or
portion thereof, remains in violation after the expiration of 30 days
from the time of forwarding such written notice.
For the purposes of this section, the director or his authorized
agent may enter upon private property.
All costs incurred under this section in screening, relocating,
removing or disposing of such junkyards shall be the responsibility
of the owners thereof.
756. Every illegal junkyard is a public nuisance and every person,
as principal, agent or employee, violating any of the provisions of
this article or the regulations prescribed thereunder is guilty of a
misdemeanor.
757. The remedies provided in this article for the removal of
junkyards are cumulative and not exclusive of any other remedies
provided by law.
758. The director may enter into agreements with the Secretary of
Transportation of the United States and accept any allotment of funds
as provided by Section 136 of Title 23 of the United States Code.
759. The director shall prescribe and enforce regulations governing
the establishment, screening, relocation, removal, or disposal of
junkyards as provided in this article consistent with the provisions
of Section 136 of Title 23 of the United States Code and the national
standards promulgated thereunder by the Secretary of Transportation.
759.3. It is declared to be the intent of the Legislature in
enacting this article to establish minimum standards with respect to
the regulation of outdoor junkyards. The governing body of any city,
county, or city and county may enact ordinances, including, but not
limited to, land use or zoning ordinances, imposing restrictions on
junkyards equal to or greater than those imposed by this article.
745. The Legislature hereby finds and declares that:
(a) The establishment, use, and maintenance of junkyards in areas
adjacent to any interstate or primary highway should be controlled in
order to promote the safety and recreational value of public travel,
to protect the public investment in such highways, and to preserve
the natural beauty of areas adjacent to such highways. The
Legislature finds that motorists are distracted by unscreened
junkyards adjacent to such highways and that a junkyard visible from
such a highway constitutes a hazard to the safety of the traveling
public.
(b) It is the intent of the Legislature, by the enactment of this
article, to provide for the state control of junkyards required by
Section 136 of Title 23 of th United States Code.
(c) The recycling industry plays an important role in the
conservation of our state resources. In support of that role, should
removal of junk or scrap from a nonconforming junkyard be necessary
because such junk or scrap is visible from any interstate or primary
highway, then the department may either purchase such junk or scrap
and move it to a recycling center or pay the costs of moving the junk
or scrap to a recycling center, whichever is less expensive.
746. As used in this article:
(a) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, junked, dismantled or
wrecked motor vehicles, or parts thereof, iron, steel and other old
or scrap ferrous or nonferrous material.
(b) "Automobile graveyard" means any establishment or place of
business which is maintained, used, or operated for storing, keeping,
buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
(c) "Junkyard" means any establishment or place of business which
is maintained, operated, or used for storing, keeping, buying, or
selling junk, or for the maintenance or operation of an automobile
graveyard. This definition includes scrap metal processors,
autowrecking yards, salvage yards, scrap yards, auto recycling yards,
used auto parts yards, and temporary storage of automobile bodies
and parts awaiting disposal as a normal part of a business operation
when the business will continually have like materials located on the
premises. The definition also includes garbage dumps and sanitary
landfills. The definition does not include litter, trash, and other
debris scattered along or upon the highway, or temporary operations
and outdoor storage of limited duration.
(d) "Scrap metal processing facility" means any establishment or
place of business which is maintained, used, or operated solely for
the processing and preparing of scrap metals for remelting by steel
mills and foundries.
(e) "Automobile dismantling facility" means any establishment or
place of business which is maintained, used, or operated by an
"automobile dismantler," as defined in the Vehicle Code, for the
buying, selling, or dealing in vehicles of a type required to be
registered under the Vehicle Code for the purpose of dismantling such
vehicles and for the buying or selling of the integral parts and
component materials of such vehicles.
(f) "Special conditions" are any of the following which have
occurred after October 6, 1966: (1) physical changes which occur
within a state-owned right-of-way which cause a junkyard to become
visible, such as the failure to maintain screening within the
right-of-way or the reconstruction of the highway, (2) the
classification of a highway as interstate or primary, or (3)
redesignation of an industrial zone to some other zoning
classification.
(g) "Visible" means capable of being seen without visual aid by a
person of normal visual acuity while driving on the main traveled way
of an interstate or primary highway.
(h) "Interstate highway" means any highway at any time officially
designated as a part of the national system of interstate and defense
highways by appropriate authority of the federal government.
(i) "Primary highway" means any highway, other than an interstate
highway, at any time officially designated as a part of the
federal-aid primary system by appropriate authority of the federal
government.
(j) "Recycle" means either:
(1) Purchasing junk and moving it to an automobile wrecker or
scrap processor, or putting it to some other useful purpose, or
(2) Paying the costs of moving such junk to an automobile wrecker
or scrap processor or to a place where it will be put to some useful
purpose.
746.1. "Nonconforming junkyard" means either of the following:
(a) A junkyard lawfully in existence on October 6, 1966, but which
does not conform to the requirements of this article.
(b) A junkyard which is lawfully in existence at any time but
later fails to comply with the requirements of this article due to
special conditions as defined in subdivision (f) of Section 746.
746.2. Nonconforming junkyards may continue in existence as long as
they are not extended, enlarged, or changed in use, and are
otherwise lawfully maintained.
If the location of a nonconforming junkyard is changed for any
reason, it ceases to be nonconforming and shall be treated as a new
junkyard at a new location.
746.3. An illegal junkyard is one which is either:
(a) Established or is maintained in violation of this article and
does not come within the definition of a "nonconforming junkyard," as
defined in Section 746.1.
(b) A junkyard which becomes visible due to inadequate maintenance
of screening located off the highway right-of-way, or the placement
of junk so that it may be seen above or beyond the screen, or
otherwise becomes visible.
(c) A junkyard which, due to any conditions other than those
described in subdivision (f) of Section 746, is established or
maintained in violation of this article.
747. Except as hereafter provided, no junkyard shall be
established, operated, or maintained if any portion of the junkyard
is within 1,000 feet of the nearest edge of the right-of-way and
visible from the main traveled way of any interstate or primary
highway and is not located in an area zoned for industrial purposes.
747.1. Sanitary landfills need not be screened to satisfy the
requirements of this article but landscaping shall be required when
the fill has been completed and operations have ceased, unless the
landfill area is to be used for immediate development purposes.
748. (a) Any nonconforming junkyard, as soon as the maximum federal
share under Section 136 of Title 23, United States Code, is
available for that purpose, shall be removed from sight of interstate
or primary highways by any of the following methods to whatever
extent is required, so as not to be visible from the main traveled
way of any interstate or primary highway:
(1) Screening by natural objects, plantings, fences, or other
appropriate means.
(2) Recycling, as defined in subdivision (j) of Section 746.
(3) Relocation.
(b) This section applies if any portion of such junkyard is within
1,000 feet of the nearest edge of the right-of-way and if it is
visible from the main traveled way of such highway. The department
shall screen such junkyards at locations on the highway right-of-way
or in areas acquired for such purpose adjacent to the right-of-way or
may compensate the junkyard owner for the placement of screening on
the junkyard property.
749. The department may also screen any junkyards located within
1,000 feet of the nearest edge of the right-of-way of an interstate
or primary highway and located within an industrial zone if the
director finds that such screening is necessary or desirable to
achieve the purposes set forth in subdivision (a) of Section 745.
751. The department is authorized to acquire such interests in real
and personal property as may be necessary to effect the screening,
recycling, relocation, removal, or disposal of junkyards required by
the provisions of this article.
751.1. The Legislature hereby declares that the acquisition of
interests in real and personal property to effect the screening,
relocation, removal, or disposal of junkyards provided for in Section
751 constitutes a public use and purpose.
752. If federal law should be interpreted as requiring the states
to pay just compensation with regard to the relocation, removal, or
disposal of junkyards, just compensation shall be paid by the
department to the owners of nonconforming junkyards which must be
relocated, removed, or disposed of pursuant to the provisions of this
article.
753. The commission is authorized to allocate funds from the State
Highway Account in the State Transportation Fund for all of the
following purposes:
(a) Costs of administering the provisions of this article.
(b) Costs of maintaining only that screening which is located on
state right-of-way.
(c) Costs necessary to match the maximum contribution allowed by
the federal government in carrying out the purposes of this article.
754. Any junkyard which is established or maintained in violation
of the provisions of this article or the regulations prescribed
thereunder is a public nuisance and may be removed or otherwise
disposed of by any public employee or entity.
755. The director may screen, relocate, remove or dispose of any
illegal junkyard after 30 days' written notice posted on such
property and a copy forwarded by mail to the owner of such junkyard
at his last-known address. The department shall have an action to
recover the expense of such screening, relocating, removing or
disposing, costs and expenses of suit, and, in addition thereto, the
sum of one hundred dollars ($100) for each day such junkyard or
portion thereof, remains in violation after the expiration of 30 days
from the time of forwarding such written notice.
For the purposes of this section, the director or his authorized
agent may enter upon private property.
All costs incurred under this section in screening, relocating,
removing or disposing of such junkyards shall be the responsibility
of the owners thereof.
756. Every illegal junkyard is a public nuisance and every person,
as principal, agent or employee, violating any of the provisions of
this article or the regulations prescribed thereunder is guilty of a
misdemeanor.
757. The remedies provided in this article for the removal of
junkyards are cumulative and not exclusive of any other remedies
provided by law.
758. The director may enter into agreements with the Secretary of
Transportation of the United States and accept any allotment of funds
as provided by Section 136 of Title 23 of the United States Code.
759. The director shall prescribe and enforce regulations governing
the establishment, screening, relocation, removal, or disposal of
junkyards as provided in this article consistent with the provisions
of Section 136 of Title 23 of the United States Code and the national
standards promulgated thereunder by the Secretary of Transportation.
759.3. It is declared to be the intent of the Legislature in
enacting this article to establish minimum standards with respect to
the regulation of outdoor junkyards. The governing body of any city,
county, or city and county may enact ordinances, including, but not
limited to, land use or zoning ordinances, imposing restrictions on
junkyards equal to or greater than those imposed by this article.
