Bill Text: MI SB0039 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Civil procedure; foreclosure; power of a home rule city's department of administrative hearings to foreclose on property; modify. Amends sec. 4r of 1909 PA 279 (MCL 117.4r). TIE BAR WITH: SB 0038'13
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-12-31 - Assigned Pa 0192'13 [SB0039 Detail]
Download: Michigan-2013-SB0039-Engrossed.html
SB-0039, As Passed House, November 14, 2013
SENATE BILL No. 39
January 16, 2013, Introduced by Senators HUNTER, SMITH and BIEDA and referred to the Committee on Judiciary.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 4r (MCL 117.4r), as amended by 2008 PA 51.
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
and 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
Senate Bill No. 39 as amended November 14, 2013
incorporated in or attached to the order. The lien is effective
immediately upon recording of the order with the register of deeds.
(2)
The An order recorded under subsection (1) with the
a
register
of deeds shall constitute under
subsection (1) constitutes
notice of the pendency of the lien. In addition, the city shall
send
a written notice of the lien shall
be sent by the city by
first-class mail to the owner of record of the land, building, or
structure at the owner's last known address.
(3)
The A lien under
this section may be enforced and
discharged
by the city in the manner prescribed by its charter, by
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 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 created before May 1, 1994.
(c) Federal law provides that the other lien has priority.
(d) The other lien is recorded before the lien under this
section is recorded.
(5)
The A city may institute an action in circuit court for
the
collection of the a judgment imposed by an order under section
4q for a blight violation. However, an attempt by the city to
collect the judgment by any process does not invalidate or waive
the lien upon the land, building, or structure.
(6)
A lien provided for by under
this section shall not
continue
for a period longer than 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 38
of the 97th Legislature is enacted into law.
