Bill Text: MI HB5230 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Civil procedure; other; abatement of nuisances; allow abatement for property used for human trafficking and make other general amendments. Amends secs. 3801, 3805, 3810, 3815, 3820, 3825 & 3835 of 1961 PA 236 (MCL 600.3801 et seq.).
Spectrum: Slight Partisan Bill (Democrat 18-10)
Status: (Passed) 2014-12-18 - Assigned Pa 387'14 [HB5230 Detail]
Download: Michigan-2013-HB5230-Engrossed.html
HB-5230, As Passed Senate, December 10, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5230
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 3801, 3805, 3810, 3815, 3820, 3825, and 3835
(MCL 600.3801, 600.3805, 600.3810, 600.3815, 600.3820, 600.3825,
and 600.3835), section 3801 as amended by 2012 PA 352.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3801. (1) A building, vehicle, boat, aircraft, or place
is a nuisance if 1 or more of the following apply:
(a) It is used for the purpose of lewdness, assignation,
prostitution, or gambling.
(b) It is used by, or kept for the use of, prostitutes or
other disorderly persons.
(c) It is used for the unlawful manufacture, transporting,
sale, keeping for sale, bartering, or furnishing of a controlled
House Bill No. 5230 (H-3) as amended November 12, 2014
substance.
(d) It is used for the unlawful manufacture, transporting,
sale, keeping for sale, bartering, or furnishing of vinous, malt,
brewed, fermented, spirituous, or intoxicating liquors or mixed
liquors or beverages, any part of which is intoxicating.
(e) It is used for conduct prohibited by section 49 of the
Michigan penal code, 1931 PA 328, MCL 750.49.
(f) It is used for conduct prohibited by chapter LXVIIA of the
Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462H.
(g) It is used to facilitate armed violence in connection with
the unlawful use of a firearm or other dangerous weapon.
[ ]
(2) All furniture, fixtures, and contents of a building,
vehicle, boat, aircraft, or place described in subsection (1) and
all intoxicating liquors in the building, vehicle, boat, aircraft,
or place are also declared a nuisance.
(3) All controlled substances and nuisances shall be enjoined
and abated as provided in this act and the court rules.
(4) A person, or a servant, agent, or employee of the person,
who owns, leases, conducts, or maintains a building, vehicle, or
place described in subsection (1) is guilty of a nuisance.
(5)
As used in this section[: , "controlled
] substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
[
]
Sec.
3805. The attorney general, of the state of Michigan, the
prosecuting
attorney or any citizen resident
of the county in which
a nuisance described in section 3801 is located, or a city,
village, or township attorney for the city, village, or township in
which the nuisance is located may maintain an action for equitable
relief
in the name of the state of Michigan, upon on the
relation
of
such the attorney general, prosecuting attorney, or
citizen
resident,
or city, village, or township attorney to
abate said the
nuisance
and to perpetually enjoin any person, his or a servant,
agent,
or employee of the person, who shall own, lease, conduct or
maintain
such owns, leases, conducts,
or maintains the building,
vehicle,
boat, aircraft, or place
, from permitting or suffering
such
the building, vehicle, boat, or aircraft, or
place owned,
leased,
conducted, or maintained by him, the person, or any other
building, vehicle, boat, aircraft, or place conducted or maintained
by
him the person to be used for any of the purposes or acts or by
any
of the persons set forth described
in section 3801. ,
or for
any
of the acts enumerated in said section. When the After an
injunction
has been is granted
, under this section it shall
be is
binding
on the defendant throughout the judicial circuit in which
it
was issued.this state.
Sec.
3810. (1) An owner of the premises within the meaning For
purposes
of this chapter, is
deemed to be the grantee or vendee of
the
last recorded deed or contract which that describes the
premises,
or any part thereof upon of
the premises, on which any a
nuisance
exists as heretofore defined, and the described in section
3801 is considered to be the owner of the premises. The naming of
House Bill No. 5230 as amended December 10, 2014
such
person a grantee or vendee as
a party defendant in an action
under this chapter gives the court authority to abate the nuisance
by
closing the premises and such the
defendant is subject to the
order and judgment of the court.
(2)
An owner of a vehicle within the meaning For purposes of
this
chapter, is deemed to be the any person
in whose name the a
vehicle, boat, or aircraft is titled, and any chattel mortgagee or
assignee
thereof secured party or other lien holder whose secured
interest in or lien against the vehicle, boat, or aircraft has been
filed with the secretary of state or in the office of the register
of
deeds prior to before the commencement of suit, and the an
action under this chapter, is considered to be the owner of the
vehicle, boat, or aircraft. The plaintiff shall join any such
mortgagee,
assignee secured party or lien holder as a party
defendant.defendant to an action under this chapter.
<<(3) A court shall not enter an order or judgment against a
defendant under this chapter unless a copy of the summons and
complaint has been served on the defendant as provided by Michigan
court rules and the defendant given an opportunity to be heard.>>
Sec.
3815. (1) In any an action brought under this chapter,
evidence of the general reputation of the building, vehicle, boat,
aircraft, or place is admissible for the purpose of proving the
existence of the nuisance.
(2)
Proof In an action under
this chapter, proof of knowledge
of the existence of the nuisance on the part of 1 or more of the
defendants
or any of them, is not required.
(3)
It In an action under this
chapter, it is not necessary
for the court to find the property involved was being used as and
for a nuisance at the time of the hearing, or for the plaintiff to
prove
that the nuisance was continuing at the time of the filing of
the
complaint was filed, if the complaint is filed within 30 90
days after any act, any violation, or the existence of a condition
herein
defined described in section
3801 as a nuisance, but on
finding that the material allegations of the complaint are true,
the
court shall render enter a
judgment and order of abatement as
hereinafter
provided in this chapter.
Sec.
3820. (1) If any an order or injunction
granted under the
provisions
of this chapter is violated, the
court may summarily try
and punish the offender as for contempt, and the person so
offending
shall be punished by is
subject to punishment of a fine
of
not more than $1,000.00, $5,000.00,
or by imprisonment in the
county
jail for not more than 6 months, or by both, fine
and
imprisonment
in the discretion of the court. Such
(2) A violation of an order or injunction granted under this
chapter shall be charged by a motion supported by affidavit, and
the
court, if satisfied of the sufficiency thereof, that the motion
and affidavit are sufficient, shall immediately issue a bench
warrant
for the arrest of such the
offender and to bring him or her
before
such the court to answer for such the misconduct.
The court
may,
in its discretion, permit such the
person arrested to give
bail
and fix the amount thereof of
bail pending hearing of the
matters
charged in such motion.
Sec. 3825. (1) If the existence of the nuisance is established
in
an action as provided in under
this chapter, the court shall
enter
an order of abatement shall be
entered as a part of the
judgment
in the case, which action.
The order shall direct the of
abatement may order all of the following:
(a) The removal from the building or place of all furniture,
fixtures, and
contents. therein and shall direct the
(b)
The sale thereof of the furniture, fixtures, and contents
in
the manner provided for the sale of chattels goods under
execution. ,
and the
(c) The effectual closing of the building or place against its
use for any purpose, and so keeping it closed for a period of 1
year,
unless sooner released as provided
in this chapter. provided.
(d) Any other equitable relief the court considers necessary.
(2) Any vehicle, boat, or aircraft found by the court to be a
nuisance
within the meaning of under
this chapter , is subject to
the same order and judgment as any furniture, fixtures, and
contents
as herein provided.under
subsection (1).
(3)
Upon On the sale of any furniture, fixtures, contents,
vehicle, boat, or aircraft as provided in this section, the officer
executing
the order of the court shall , after deducting do the
following in the following order:
(a)
Deduct the expenses of keeping such the property
and the
costs
of such the sale. , pay.
(b) Pay all secured interests and liens according to their
priorities
which may be as established by intervention or otherwise
at the hearing or in other proceedings brought for that purpose as
being
bona fide and as having been created without the lienor
secured
party or lien holder having any notice
that such the
property was being used or was to be used for the maintenance of a
nuisance
as herein defined, and shall pay described in section
3801.
(c) Subject to subsection (5), pay the costs incurred in the
prosecution of the action, including reasonable attorney fees for
services necessitated as determined by the court.
(d) Subject to subsection (5), pay the balance to the state
treasurer
to be credited to the general fund of the this state.
(4)
If any person uses a building or place so directed ordered
to
be closed , under
this section with knowledge that such
the
building
or place is closed by order of the court, he shall be
punished
as the person is subject to
punishment for contempt , as
provided in section 3820.
(5) If the court in an action under this chapter declares
property to be a nuisance under section 3801(1)(f), the officer
executing the order of the court shall first pay from the proceeds
any amount determined by the court to be due to the victim. If
there is any balance remaining, the officer shall pay the costs of
prosecution as provided in subsection (3). For purposes of
determining the amount due to a victim under this subsection, the
court shall consider the loss suffered by the victim as a proximate
result of the conduct and may use as guidance the items of loss
enumerated in section 16b of the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.766b.
Sec. 3835. The proceeds of the sale of the personal property,
as provided in section 3830, shall be applied in payment of the
costs of the action and abatement, and the balance, if any, shall
be paid to qualified secured parties and lien holders and then
toward the costs incurred in the prosecution of the action,
including reasonable attorney fees for services necessitated as
determined by the court, and any remaining balance shall be paid to
the
persons entitled thereto to
them as ordered by the court may
direct.or, if applicable, as ordered under section
3825(5).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
