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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 least one year," Plene said, adding municipalities may adopt their own standards but should be cautious about conflicting with state law.
Commissioners described many canyon houses as derelict from neglect rather than catastrophic damage. Plene said local code-enforcement tools and nuisance-abatement procedures — not land-use processes — typically address dangerous or unsanitary structures: a city can issue notices, abate hazards and bill property owners or revoke occupancy until hazards are remedied.
The commission discussed practical enforcement barriers in remote canyon locations, including limited staff and access; one member noted counties with very low population density use drones or complaint-driven inspections to prioritize enforcement. Plene advised complaint-based code enforcement and clarified that nonconforming status may terminate if an owner voluntarily demolishes most of a structure or allows it to deteriorate following required notices.
Why it matters: Long-vacant structures raise public-safety, environmental and visual-impact concerns in the canyon and affect whether future owners may rebuild under the old rules. Commissioners requested clearer staff guidance and public outreach on enforcement steps and the definitions used when determining abandonment.
Next steps: Staff to prepare guidance on abandonment rules, clarify whether local ordinances set a different abandonment presumption, and outline how nuisance-abatement and code-enforcement complaints should be handled in remote properties.
