Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-5
FEES; LIEN PROVISIONS
Operative Text
A. Fees Established: 1. License Fees: a. Each application for a license shall be accompanied by a license fee as established in the annual fee schedule. b. The license fee shall be paid prior to the beginning of that rental residential property's license year. If the license fee is not paid before the beginning of the license year, the fee is delinquent, and the delinquent license fee shall be increased by an additional amount as established in the annual fee schedule if paid within thirty (30) days from the beginning of the license year. If the delinquent license fee is not paid within thirty (30) days of the beginning of the license year, then the delinquent license fee, an administrative fee, and interest at six percent (6%) per annum shall become a lien upon the property after notice as provided in subsection B of this section. 2. Inspection Fees: No inspection fee other than the license fee established in the annual fee schedule shall be charged for the first inspection made upon application for issuance or renewal of a license or one reinspection to determine if violations cited in the first inspection have been corrected if all units are in compliance at the time of the second inspection. If any rental residential dwelling unit fails at the second inspection, then a reinspection fee shall be charged. For every failed second inspection and every third or subsequent inspection required thereafter to determine if a violation has been corrected, a reinspection fee as established in the annual fee schedule shall be charged. If any second inspection fee is not paid within thirty (30) days of the inspection or third or subsequent inspection fee not paid prior to the inspection, then the inspection fee, an administrative fee, and interest at six percent (6%) per annum shall become a lien upon the property after notice as provided in subsection B of this section. 3. Inspection Cancellation Fees: An owner shall be permitted to reschedule one appointment per building per license year if notice is given to the village code official scheduled to conduct the inspection at least twenty four (24) hours before that inspection. If the owner fails to attend a scheduled inspection or cancels a scheduled inspection with less than twenty four (24) hours' notice, a rescheduling fee as established in the annual fee schedule shall be paid prior to the issuance of the license. B. Notice Of Delinquent Payments: Notice shall be given to the owner of the property or taxpayer of record by personal service or certified mail advising of the delinquent fees and penalties, and that if not paid within thirty (30) days, they shall become a lien upon the property. C. Lien Provisions: If the delinquent fees and penalties are not paid, that amount shall become a lien on the property upon the filing of a notice of lien in the office of the county recorder. Such lien shall not be valid as to any purchaser whose rights in and to such property have arisen prior to the filing of such notice of lien. (2016 Code)
Berkeley Municipal Code § 10-18-5 establishes the fee structure for rental residential housing licenses, including license fees, inspection fees, and cancellation fees, all set according to an annual fee schedule. License fees must be paid before the start of each license year; unpaid fees become delinquent and are subject to additional charges, and if still unpaid after 30 days, can become a lien on the property at 6% annual interest. Similarly, reinspection fees that go unpaid within specified timeframes, along with administrative fees and interest, can also be recorded as a lien against the property through the county recorder's office.
Plain English — not legal advice.
Under § 10-18-5, compliant rental property operators pay their license fees before the start of each license year and ensure all units pass inspection to avoid reinspection fees. Operators who need to reschedule an inspection generally provide at least 24 hours' notice to avoid a rescheduling fee that must be paid before a license is issued. Staying current on all fees is important because delinquent amounts—including administrative fees and 6% annual interest—can ultimately be recorded as a lien on the property through the county recorder's office after the notice process described in subsection B.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 10-18-5 is primarily directed at property owners and governs how Berkeley collects licensing and inspection fees for rental residential housing. Tenants may find this provision relevant because a landlord's failure to maintain a valid license—potentially tied to unpaid fees—can affect the legal status of the rental property. Tenants who have questions about whether their building is properly licensed can contact the Berkeley code enforcement office or a local tenant-rights organization for general information about how licensing status may relate to their housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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