Legal Question in Real Estate Law in Utah

grandfather claus

My uncle lives in Ogdon,Ut a subberb of Saltlake City.Recently he recievied a citation for not having a paved dirveway.Silly huh..My uncle connot read or write so im tring to help.I know there has to be a grandfather claus he has had the house for at least 30years and his kidds read all of his mail so I dont think he eaven had warning when the law went into effect.I need to find something I can fax to him to avoid a fine and new paved driveway his kids can't afford!So my question is where can I find legal text or the law that explains the grandfather claus relating to paving the drive.The law has to do with parking but he has a detached grage in back but gravel drive and they want concret or pavemt.There must be something he can do he's dissabled on a fixed income. Thank's so much for your time and help jimmy..


Asked on 1/02/07, 11:15 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: grandfather claus

The city ordinances will have a section which define a legal nonconforming use 0r a grandfather right. In your case you need to request a hearing on the citation and present evidence that the driveway has been in place for the 30 years. It would help if you can learn the date the ordinance was passed. The city clerk can help you with that. You correctly understand the law, and the hearing officer should agree with you. If the officer does not, then appeal again until you get the proper result.

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Answered on 1/03/07, 10:57 am


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