For owners, this “Repeal and Replace” isn’t just a paperwork update, it’s a fundamental shift in how the City monitors, fees, and enforcesrules on non-owner-occupied properties. Whether you are currently renovating a “fixer-upper” or have a unit between tenants, here is what you need to know to avoid the City’s new enforcement net.

1. The New “January 31” Deadline

Under the 2026 rules, the clock starts the moment a residential property (1–4 units) becomes unoccupied.

• The 30-Day Rule: You must register your property within 30 days of it becoming vacant.
• Annual Renewal: All vacant registrations must now be updated annually by January 31. If you missed the deadline last week, your property may already be flagged for non-compliance.
• Reduced Registration Fee: To boost owner enrollment, the City has reduced the annual registration fee to $100 per property (down from $200).

2. What Counts as “Vacant” in 2026?

The City has moved away from simple definitions to a strict legal standard. A residential property is legally vacant when no one is lawfully living in the property on a permanent, non-transient basis. The following conditions do NOT count as a property being occupied:

• Active Utilities: Simply having the water, gas, or electric turned on does not prove residency to a city inspector.
• Ongoing Renovations: Even if a crew is there every day and you have active building permits, the property is still “vacant” until someone moves in.
• Active Marketing: Having a “For Rent” sign or a live Zillow listing shows intent to rent, but the 30-day registration clock continues to tick while the unit is empty.

How the City Proves Vacancy: The Division of Code Compliance uses “evidence of conditions” to flag properties. Inspectors look for:

• Service Disconnection: Lack of water service or “low usage” reports from the Department of Public Utilities.
• Mail Accumulation: The regular buildup of U.S. Postal Service mail, flyers, or circulars.
• Visual Neglect: Overgrown vegetation, un-shoveled snow, or windows that are boarded, broken, or continuously un-curtained.

3. Fee Waivers: The “Active Renovation” Clause

While registration is mandatory, you can apply for a fee waiver (reducing the fee to $50) if you meet specific criteria:

• Active Renovation: Proof of active work or a valid building permit must be uploaded to the portal.
• Active Marketing: Proof the property is listed for sale or rent is required.
• Documentation Rule: Be warned, waiver documentation must be resubmitted every 90 days to remain active.

4. Enforcement: Fines and Liabilities

The City is no longer just sending “friendly reminders.” With roughly 3,300 vacant properties citywide, enforcement has been streamlined.

• Civil Fines: Non-compliance can lead to escalating fines of $250, $500, or $1,000 per violation.
• The “Out-of-Town” Requirement: If you do not live in Lucas County, you must designate a local agent who resides or has an office in the county to receive legal notices. Failing to name a local agent is a separate, citeable offense.

Owner Checklist for 2026 Compliance

1. Audit Your Portfolio: Identify any units that have been empty for more than 30 days.
2. Register via the Portal: Use the City’s permitting portal at toledo.oh.gov/permits to file your application.
3. Verify AREIS Data: Ensure your property is registered with the Lucas County Auditor first, as the City uses this as “Step 1” for all compliance.

Protect Your ROI with Buckeye Northwest

The new “Repeal and Replace” ordinance is designed to hold owners accountable, but it can be a minefield for those managing multiple properties. At Buckeye Northwest Realty, we serve as the Local Agent for our out-of-state owners and manage all city and county registrations to ensure you never face a surprise fine.

Request a Portfolio Compliance Audit or call us today at (419) 385-5555!

Disclaimer: Informational purposes only. This is not legal or financial advice. Compliance requirements and fees are subject to change by the City of Toledo. Please consult with the Division of Code Compliance or a qualified property manager regarding your specific property.