Amended by Stats. 1977, Ch. 919.
The Legislature hereby finds and declares that:
California Streets and Highways Code — §§ 745-759.3
Amended by Stats. 1977, Ch. 919.
The Legislature hereby finds and declares that:
Amended by Stats. 1977, Ch. 919.
As used in this article:
Added by Stats. 1977, Ch. 919.
“Nonconforming junkyard” means either of the following:
Added by Stats. 1977, Ch. 919.
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.
Added by Stats. 1977, Ch. 919.
An illegal junkyard is one which is either:
Amended by Stats. 1977, Ch. 919.
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.
Added by Stats. 1977, Ch. 919.
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.
Repealed and added by Stats. 1977, Ch. 919.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.
Repealed and added by Stats. 1977, Ch. 919.
The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes:
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law.
Amended by Stats. 1970, Ch. 990.
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.
Amended by Stats. 1977, Ch. 919.
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.
Amended by Stats. 1977, Ch. 919.
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.