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Berkeley, CA Parking Rules: Abandoned Vehicles (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

Source: BMC Chapter 14.36 Stopping Standing and ParkingView official code

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?
More than 72 hours without the property owner's consent makes it an 'abandoned vehicle' under BMC 12.98.010(B), and storing it at all violates Section 12.98.020 regardless of the 72-hour mark if it is inoperative or dismantled.
Can Berkeley remove a car from my private property without my permission?
Yes, after a Notice to Abate and, if you request one, a hearing. If you object to entry, the City gets a municipal court warrant under Section 12.98.040.F to complete the removal.
Do I have to pay for a city-ordered vehicle removal?
Usually yes, as a lien on the property under Government Code Section 38773.5, but not if you prove you don't own the vehicle and either didn't consent to it being there or can't afford to fix or dispose of it.
Is a car with historic vehicle plates exempt from Berkeley's abandoned vehicle rule?
Yes, if it displays a DMV historic or special-interest identification plate under Vehicle Code Section 5004, is kept away from or screened from public view, and isn't a health hazard, per Section 12.98.030(A).

Sources & Official References

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