Bill Text: MI SB0039 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.

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