Bill Text: MI SB1100 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Civil procedure; foreclosure; power of a home rule city's department of administrative hearings to foreclose on property; establish. Amends sec. 4r of 1909 PA 279 (MCL 117.4r).
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Engrossed - Dead) 2012-09-11 - Referred To Committee On Local, Intergovernmental, And Regional Affairs [SB1100 Detail]
Download: Michigan-2011-SB1100-Introduced.html
SENATE BILL No. 1100
April 26, 2012, Introduced by Senators HUNTER, JONES, SMITH, HUNE, JOHNSON, GREGORY, GLEASON and WHITMER 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
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
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, or
as provided in subsection (4). However, property 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) In addition to the methods for enforcement of a lien under
subsection (3), a lien under this section may be foreclosed in the
administrative hearings bureau of the city in the same manner as a
mortgage is foreclosed under chapter 31 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.3101 to 600.3185. In foreclosing
a lien under this section, a reference in that chapter to the court
shall be applied as if it was a reference to the administrative
hearings bureau and a reference to the judge shall be applied as if
it was a reference to the hearing officer. A decision or order of a
hearing officer under this subsection is appealable to the circuit
court.
(5) (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.
(6) (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.
(7) (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.
(8) (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.
