Bill Text: MI HB4123 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Property; other; attachment of property lien for failure to pay fine for blight violation; modify to include all land, buildings, or structures owned by defendant in this state. Amends sec. 4r of 1909 PA 279 (MCL 117.4r).

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2019-02-06 - Bill Electronically Reproduced 02/05/2019 [HB4123 Detail]

Download: Michigan-2019-HB4123-Introduced.html

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HOUSE BILL No. 4123

 

 

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.