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Provo code enforcement reports 95 ADU inquiries in 2024; 47 resolved without court

2700327 · March 20, 2025
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Summary

Code enforcement presented a monthly ADU enforcement update: 95 cases in 2024, 47 resolved administratively, 28 under investigation and one in legal process. Staff described evidence collection constraints and proposed earlier disclosure-document collection as part of the rental‑licensing workflow.

Provo City code enforcement reported Dec. 17 on investigations into alleged illegal accessory dwelling units (ADUs) and unlicensed rentals.

Scott Johnson told the council that in 2024 the city opened 95 ADU-related cases; 47 have been resolved without court action, 28 are under investigation, 17 are in a stage where notices have been sent and one case had advanced to the legal process. Fourteen cases were found unfounded after investigation. Johnson described the department’s enforcement goals as compliance first, with legal action a last resort.

Johnson explained enforcement procedures: inspectors investigate complaints, attempt to verify whether separate, unrelated households are occupying a property, and send notices when evidence indicates a violation. He said staff can request documentation (for example, to confirm whether occupants are family members) but must preserve constitutional and legal protections; if a homeowner refuses to cooperate, the office must have sufficient evidence before filing criminal charges. The city has an administrative notice-and-hearing system that uses a lower burden of proof (preponderance) than criminal prosecution; Johnson said the department aims to achieve compliance without initiating court proceedings whenever possible.

Staff also described a change in process for rental-dwelling license applications: the city will require disclosure documents earlier in the process, and applications will not be approved until required disclosure materials are provided. Johnson said the change is designed to make enforcement more efficient and prevent actors from avoiding licensing by delaying submittal of required materials.