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Emigration Canyon planners probe rules for abandoned homes, nonconforming structures and enforcement limits
Summary
Commissioners asked how long nonconforming uses and structures may persist and what tools cities have to abate dilapidated properties; the ombudsman explained state presumptions on abandonment and distinguished land-use rights from code-enforcement nuisance remedies.
Emigration Canyon planning commissioners pressed the ombudsman’s attorney on how long nonconforming uses and structures remain protected and what authority the city has to address long-vacant, dilapidated homes.
Richard Plene said state law treats the use and the structure differently: a "use" may be presumed abandoned after one year if unused, while reconstruction rights for a noncomplying structure survive involuntary destruction such as fire. "State law says a use is presumed to be abandoned after at…
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