§ 35.5-1-36. Citation involving land, buildings, or structures; failure to pay civil fines; liens; notice of liens; enforcement and discharge; priority; action for collection of civil fines; period of lien.

(a)

Where a violator fails to pay a civil fine ordered by the 36th District Court under MCL 600.8731; MSA 27A.8731 regarding a municipal civil infraction citation brought by the City of Detroit for a violation concerning the use or occupation of land or a building or other structure, the City of Detroit may obtain a lien against the land, building, or structure by recording a copy of the court order with the register of deeds for the County of Wayne.

(b)

In accordance with MCL 600.8731; MSA 27A.8731:

(1)

The court order shall not be recorded unless a legal description of the property is incorporated into, or attached to, the court order;

(2)

The lien is immediately effective upon the recording of the court order with the County of Wayne register of deeds;

(3)

The court order that is recorded with the County of Wayne register of deeds shall constitute notice of the pendency of the lien;

(4)

The City of Detroit shall send written notice of the lien by first class mail to the owner of record of the land, of the building, or of the structure at his or her last known address;

(5)

The lien may be enforced and discharged by the City of Detroit in accordance with the 1997 Detroit City Charter, and with the Michigan General Property Tax Act, being MCL 211.1; MSA 7.1 through MCL 211.157; MSA 7.214, with the exception that such property is not subject to sale under MCL 211.60; MSA 7.104 for nonpayment of a civil fine ordered by the 36th District Court unless the property is also subject to sale under MCL 211.60; MSA 7.104 for delinquent property taxes;

(6)

The lien has priority over any other lien unless one (1) or more of the following apply:

a.

The other lien is a lien for taxes or for 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 created under MCL 600.8731; MSA 27A.8731 is recorded;

(7)

The lien shall not continue for more than five (5) years after a copy of the court order imposing the civil fine is recorded unless an action to enforce the lien is commenced during the five (5) year period; and

(8)

An attempt by the City of Detroit through commencement of an action in a court of competent jurisdiction to collect the civil fines imposed by a 36th District Court order regarding the citation does not invalidate or waive the lien upon the land, the building, or the structure.

(Ord. No. 32-97, § 1, 9-10-97)