Bill Text: MI HB4699 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property; other; property lien for failure to pay fine for blight violation; allow for attachment to all land, buildings, or structures owned by defendant in this state. Amends sec. 4r of 1909 PA 279 (MCL 117.4r).
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Introduced - Dead) 2019-06-12 - Bill Electronically Reproduced 06/11/2019 [HB4699 Detail]
Download: Michigan-2019-HB4699-Introduced.html
HOUSE BILL No. 4699
June 11, 2019, Introduced by Reps. Whitsett, Byrd, Elder, Hertel, Cambensy, Peterson, Neeley, Brixie, Afendoulis, Cynthia Johnson, Brenda Carter, Paquette, Ellison and Cherry 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 city
may attach that lien to any other land, building, or structure in
this state found to be currently owned or subsequently purchased by
the defendant. All of the following apply to the attachment of a
lien under this subsection:
(a) The attachment is effective upon the occurrence of both of
the following:
(i) 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 recorded with the register
of deeds under subsection (1).
(ii) A certified copy of the documents described in
subparagraph (i) is deposited in the office of the register of
deeds in the county where the land, building, or structure is
located. This subparagraph does not apply if the land, building, or
structure described in this subsection is located in the same
county where the final decision and order described in subsection
(1) is recorded.
(b) An owner whose land, building, or structure is the subject
of an attachment under this subsection may apply to the city for an
installment agreement to pay the civil fine or costs for which a
lien was obtained under subsection (1).
(c) Before attaching a lien under this subsection, the city
must notify the owner of the land, building, or structure of its
intent to attach the lien and that the owner may avoid that
attachment if the owner applies for an installment agreement as
described in subdivision (b) not more than 45 days after the date
of the notice.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
