February 5, 2019, Introduced by Reps. Whitsett, Neeley, Cynthia Johnson, Sabo, Brixie, Elder and Jones and referred to the Committee on Local Government and Municipal Finance.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 4r (MCL 117.4r), as amended by 2013 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4r. (1) If a defendant does not pay a civil fine or costs
or an installment payment ordered by a hearing officer under
section 4q within 30 days after the date on which payment is due
for a blight violation involving the use or occupation of land or a
building or other structure, the city may obtain a lien against the
land, building, or structure involved in the violation by recording
a copy of the final decision and order requiring payment of the
fines or costs with the register of deeds for the county in which
the land, building, or structure is located. The order shall not be
recorded unless a legal description of the property is incorporated
in or attached to the order. The lien is effective immediately upon
recording of the order with the register of deeds.
(2) An order recorded with a register of deeds under
subsection (1) constitutes notice of the pendency of the lien. In
addition, the city shall send a written notice of the lien, and any
subsequent attachments under subsection (9), by first-class mail to
the owner of record of the land, building, or structure at the
owner's last known address.
(3) A lien under this section may be enforced and discharged
by the city in the manner prescribed by its charter, in the same
manner as are liens for delinquent taxes under the general property
tax act, 1893 PA 206, MCL 211.1 to 211.155, or by an ordinance duly
passed
by the governing body of the city. However, property
Property that is exempt as a principal residence under section 7cc
of the general property tax act, 1893 PA 206, MCL 211.7cc, is not
subject to forfeiture, foreclosure, and sale under sections 78 to
79a of the general property tax act, 1893 PA 206, MCL 211.78 to
211.79a, for nonpayment of a civil fine or costs or an installment
ordered under section 4q unless the property is also subject to
forfeiture, foreclosure, and sale under sections 78 to 79a of the
general property tax act, 1893 PA 206, MCL 211.78 to 211.79a, for
delinquent property taxes.
(4) A lien created under this section has priority over any
other lien unless 1 or more of the following apply:
(a) The other lien is a lien for taxes or special assessments.
(b)
The other lien is was created before May 1, 1994.
(c) Federal law provides that the other lien has priority.
(d)
The other lien is was recorded before the lien under this
section is recorded.
(5) A city may institute an action in circuit court for the
collection of a judgment imposed by an order under section 4q for a
blight
violation. However, an An attempt by the a city to collect
the
a judgment by any process does not invalidate or waive
the a
lien upon the land, building, or structure.
(6) A lien under this section expires 10 years after a copy of
the order imposing a fine or costs, or both, is recorded, unless
within that time an action to enforce the lien is commenced.
(7) A default in the payment of a civil fine or costs under
section 4q or an installment of the fine or costs may be collected
by a means authorized for the enforcement of a court judgment under
chapter 40 or 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.4001 to 600.4065, and MCL 600.6001 to 600.6098.
(8) A city shall not commence an action to enforce a lien
under this section if the city has commenced an action for a writ
of garnishment with respect to the unpaid fine, costs, or payment
under section 4027 of the revised judicature act of 1961, 1961 PA
236, MCL 600.4027.
(9) If a city obtains a lien under subsection (1), the lien
shall attach to any other land, building, or structure in this
state found to be currently owned or subsequently purchased by the
defendant. The lien shall not be enforceable against the land,
building, or structure described in this subsection unless the
following requirements are met:
(a) A legal description of the land, building, or structure is
attached or subsequently added to, or otherwise incorporated in,
the copy of the final decision and order that is recorded with the
register of deeds under subsection (1).
(b) A certified copy of the documents described in subdivision
(a) is deposited in the office of the register of deeds in the
county where the land, building, or structure is located.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.