More than once I have been called by a "furious" resident, or by the administrator of a condominium, in turn exasperated by "livid" co-owners, to resolve the problem of a car abandoned for months — sometimes even years — in the condominium car park.
Having first dissuaded them from taking so-called "self-help" measures — such as removing the vehicle on their own initiative, which, except in well-documented circumstances, is prohibited as it may constitute the offence of "unlawful self-help" under Art. 393 of the Italian Criminal Code — we address the matter step by step.
First, it must be established whether the car abandoned in the condominium courtyard has a number plate or not, whether it is insured or not, whether it is up to date with the payment of the road tax ("bollo"), and whether it is in poor condition and/or missing components.
The Italian Court of Cassation, in several rulings — in particular judgment no. 40747 of 2 October 2013 — has established that a vehicle should be considered "out of use" whether it is one the owner disposes of or is obliged to dispose of, or one destined for demolition. "An abandoned car is therefore to be regarded as special waste where, given its condition, the owner's intention no longer to use it is evident." In this case the offender's conduct is punishable, in the same way as abandoning other special waste on the street, under Legislative Decree no. 152 of 3 April 2006 (the Italian Environmental Code).
It must therefore be clear that abandoning a vehicle in poor condition and missing various components — whether on public or private land — constitutes a genuine offence. That said, I believe it is necessary to clarify that a vehicle that has been sitting in the condominium car park for years because it is subject to an administrative or criminal seizure certainly cannot be considered special waste.
I would add that the Italian Civil Code also helps us here. Suffice it to recall that Art. 1102 of the Civil Code prohibits the use of common property to the detriment of other co-owners. With these necessary premises in place, what remedies can we apply? Of course, each case must be assessed individually.
First, it is necessary to check whether the third party's conduct in abandoning the vehicle prevents someone from freely using their own vehicle or from accessing their garage: in this case such conduct could constitute the offence of private violence under Art. 610 of the Criminal Code.
Without wishing to cover every possible scenario here, the first remedy available — if the identity of the vehicle's owner is known — is to approach them directly to ask them to put an end to their conduct. Alternatively, one must apply to the Court by initiating civil proceedings through an application for an urgent measure.
What to do if the owner's identity is unknown? If the car has a number plate, it is possible to request information from the Public Vehicle Register (P.R.A.) office to obtain the necessary details. If, however, the car is abandoned and even lacks a number plate, it is classified by the Court of Cassation as genuine waste, with the criminal consequences already mentioned regarding improper disposal.
As provided by the Environmental Code, under Art. 255 an administrative fine of between €300 and €3,000 is envisaged, doubled in the case of hazardous waste.
The situation is entirely different for a car abandoned in a public car park, on a public street or in a public green area. In these cases it is possible to alert the authorities, who will carry out the necessary checks — very simple if the car has a number plate. From it, as explained, the owner can be traced and notified of the vehicle's discovery by registered letter with acknowledgement of receipt.
If there is no response within thirty days, the authorities may proceed with the forced removal of the vehicle. This operation must be notified to the owner. If within sixty days of the notice the owner does not retrieve their car, it will be demolished, following removal from the Public Vehicle Register.
If the car abandoned on public land has no number plate and it is not possible to trace the owner, the authorities must first check for any road-traffic offences and verify that the vehicle has not been stolen. Once these checks are complete, they may proceed to remove the abandoned car and deposit it at one of the collection centres. If no one claims the car within sixty days, as described above, it will be demolished, following removal from the Public Vehicle Register.
"We shall build machines able to drive ships faster than a whole crew of oarsmen, needing only a single pilot to steer them. We shall build carts capable of incredible speeds with no animal to pull them. We shall build winged machines, able to rise into the air like birds."
— Roger Bacon*, Doctor Mirabilis, c. 1250
* Roger Bacon was an English philosopher, scientist, theologian and alchemist. He was born near Ilchester in 1214 to a wealthy family which, due to the turbulent events of the reign of Henry III of England, was stripped of its property and forced into exile. Bacon studied at Oxford; in 1233 he became a Franciscan friar and a professor at the same university. He later moved to France, obtaining a doctorate at the University of Paris. Considered one of the greatest thinkers of his time, he continued his studies in Paris until 1250 before returning to Oxford.
Together with Thomas Hobbes, he championed experience as a means of acquiring knowledge of the world. Ad colorandum: Bacon is repeatedly quoted by William of Baskerville — who would be his disciple — the protagonist of the novel "The Name of the Rose" by Umberto Eco.