Berkeley, CA Parking Rules: Abandoned Vehicles (2026)
Key Facts
- Abandoned threshold
- 72+ hours without owner's consent
- Dismantled threshold
- Critical part missing 60+ days
- Notice-to-abate window
- 10 days to request hearing
- Removal timeline
- 15 to 30 days after notice or hearing
- Cost recovery
- Property lien, Gov't Code § 38773.5
- Exempt
- Vehicles fully enclosed in a building
- Exempt
- DMV historic/special-interest plated vehicles, screened
Summary
BMC Chapter 12.98 makes it unlawful to park or store an abandoned, inoperative or dismantled vehicle on public or private property in Berkeley. A vehicle counts as abandoned once it sits more than 72 hours on private property without the property owner's consent. The City can hire a contractor to remove it, bill the owner, and place a lien for unpaid costs.
B. "Abandoned vehicle" means any vehicle which has been left stationary for more than seventy-two hours on property that is neither open to the public for parking nor part of the public right of way, without the consent of the person or entity that lawfully owns, controls or occupies that property. ... 12.98.020 Prohibited conduct-- Abandonment of vehicles. A. It shall be unlawful for any person to park or store any abandoned, inoperative, or dismantled vehicle on public or private property. B. It shall be unlawful for any person to fail to remove an abandoned, dismantled, or inoperative vehicle, or to refuse to abate such nuisance when ordered to do so pursuant to this chapter or applicable state law.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
010 defines the three categories the chapter reaches: an 'abandoned vehicle' left stationary more than seventy-two hours on property that is neither open to public parking nor part of the public right-of-way, without the property owner's consent; an 'inoperative vehicle' that cannot be driven under its own power because of mechanical or structural defects; and a 'dismantled vehicle' missing a critical part, such as a wheel, windshield, door or transmission, for sixty days or more. 020 makes it unlawful both to park or store any such vehicle and to refuse to remove one after the City orders abatement.
030 exempts vehicles fully enclosed in a building out of public view, vehicles held by a licensed dealer, junkyard or dismantler, and vehicles carrying a DMV historic or special-interest plate under Vehicle Code Section 5004 if screened from view and not a health hazard. 040 starts with a Notice to Abate sent by certified mail giving the owner ten days to request a hearing or an extension; a hearing officer who is not a police employee decides contested cases, and removal follows fifteen days after an unopposed notice or thirty days after a hearing order. The City may enter with a municipal court warrant if the owner objects, and it must notify the DMV within five days of removal.
Violations & Fines
Parking, storing or refusing to remove a covered vehicle violates Section 12.98.020 and can lead to City-ordered towing to a scrap yard or dismantler under Section 12.98.040.F. Removal and administrative costs become a lien on the property under Government Code Section 38773.5, and unpaid costs after thirty days go to the tax collector with the same priority as City taxes. A property owner who did not consent to the vehicle's placement and cannot afford removal may avoid the assessment by proving that at a hearing.
Frequently Asked Questions
How long can an inoperable car sit in my driveway in Berkeley?
Can Berkeley remove a car from my private property without my permission?
Do I have to pay for a city-ordered vehicle removal?
Is a car with historic vehicle plates exempt from Berkeley's abandoned vehicle rule?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California parking rules overview
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Abandoned Vehicles in Nearby Cities
How other cities in Alameda County handle abandoned vehicles.