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Berkeley, CA Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Nuisance threshold
2 or more of 6 listed conditions
Vacant-home trigger
120+ consecutive days, few exceptions
Correction window
7 to 60 days after notice
Appeal deadline
15 calendar days
Repeat violation penalty
$500 civil fine per order
Exempt
Owner-occupied single-family home on own parcel
Enforcing office
Building Official, City Manager's designee

Summary

Berkeley's Anti-Blight Chapter (BMC 12.92) makes it an unlawful nuisance for an owner, tenant or occupant to let residential or commercial property show two or more of six listed conditions, from broken structures and uncollected debris to a home standing vacant more than 120 days. The Building Official can order corrective action, and unresolved cases lead to city abatement, liens and civil penalties.

It shall be an unlawful nuisance for any person owning, leasing, renting, occupying or having charge or possession of any commercial and/or residential property to maintain or allow to be maintained such property in such manner that at least two or more of the following conditions, A through F, are found to exist thereon and where...such conditions have both a significant adverse visual impact on the neighborhood and substantially contribute to the dilapidated or deteriorated appearance of the neighborhood. ... F. Buildings designed for residential use that stand vacant for more than 120 consecutive days, unless the city manager finds in writing that any of the following applies: ... 2. The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease, or rent.

Source: BMC 12.92.030 Unlawful Nuisance Inadequately Maintained PropertyView 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

030 sets the threshold: at least two of six conditions (A through F) must exist and, for conditions A through E, be visible from the street or a neighboring property with a significant adverse visual impact. The list covers unkept vegetation, trash and debris (A); unpainted or peeling exteriors, with an exception for buildings meant to be unpainted, such as brown-shingle houses (B); broken, deteriorated or graffiti-defaced stairs, roofs, foundations, walls, fences or windows (C); outdoor storage of appliances, furniture or junk left more than 72 hours (D); improperly boarded vacant buildings (E); and a residential building standing vacant more than 120 consecutive days without an active repair permit, a code-ready listing for sale or rent, a probate extension, or a disaster waiver (F).

A single owner-occupied single-family home on its own parcel is exempt under the section's opening exemption. 070. 060 by showing financial hardship, a good-faith effort to comply, and an effort to seek assistance. 150 if the owner refuses entry.

Violations & Fines

Failing to correct a cited nuisance is an infraction under BMC Section 1.20.020, per Section 12.92.170.B, though an owner cited only for vandal-caused graffiti is exempt from fines if they made a good-faith effort to remove it. An owner ordered to abate the same property twice or more within one year owes the City a $500 civil penalty for each order after the first (Section 12.92.170.C). The City Attorney can also sue for injunctive relief or a forced sale of the property to satisfy liens, recovering abatement costs, court costs and attorney's fees (Section 12.92.170.D, F).

Frequently Asked Questions

What counts as blight under Berkeley's Anti-Blight ordinance?
Any two or more of six conditions under BMC 12.92.030: unkept vegetation or debris, peeling paint, broken or graffiti-defaced structures, outdoor junk storage over 72 hours, improperly boarded vacant buildings, or a residential building vacant more than 120 days without a valid exception.
Is my own home exempt from Berkeley's blight rules?
Yes, if it's a single-family dwelling on its own parcel and you occupy it yourself, Section 12.92.030's opening exemption applies even during a temporary absence for repairs, as long as you intend to move back in.
How long do I have to fix a blight violation in Berkeley?
The notice under Section 12.92.050.C must give you at least seven and no more than sixty days, and you must start the work within thirty days of the notice, unless there's an immediate health or safety threat.
What if I can't afford to fix a cited property?
A low-income owner of a small property can get the deadline extended or waived under Section 12.92.060 by showing the order would be a financial hardship, making a good-faith effort on the parts they can afford, and trying to get financial assistance.

Sources & Official References

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