(A) If a defendant does not pay a civil fine or costs or an installment ordered within 30 days after the date on which payment is due in a municipal civil infraction action brought for a violation involving the use or occupation of land or a building or other structure, the plaintiff may obtain a lien against the land, building or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for the county in which the land, building or structure is located. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order. The lien is effective immediately upon recording of the court order with the Register of Deeds.
(B) The court order recorded with the Register of Deeds shall constitute notice of the pendency of the lien. In addition, a written notice of the lien shall be sent by the plaintiff by first-class mail to the owner of record of the land, building or structure at the owner’s last known address.
(C) The lien may be enforced and discharged by a county, city, village or township in the manner prescribed by its charter, by the General Property Tax Act, Public Act 206 of 1893, being M.C.L.A. §§ 211.1 through 211.157, or by an ordinance duly passed by the governing body of the city. However, property is not subject to sale under § 60 of Public Act 206 of 1893, being M.C.L.A. § 211.60, for non-payment of a civil fine or costs or an installment ordered under § 8727 unless the property is also subject to sale under § 60 of Public Act 206 of 1893, being M.C.L.A. § 211.60, for delinquent property taxes.
(D) A lien created under this section has priority over any other lien unless one or more of the following apply:
(1) The other lien is a lien for taxes or special assessments;
(2) The other lien is created before the effective date of the amendatory act that added this section;
(3) Federal law provides that the other lien has priority; and/or
(4) The other lien is recorded before the lien under this section is recorded.
(E) The city may institute an action in a court of competent jurisdiction for the collection of the fines and costs imposed by a court order for a municipal civil infraction. However, an attempt by the city to collect the fines or costs by any process does not invalidate or waive the lien upon the land, building or structure.
(F) A lien provided for by this section shall not continue for a period longer than five years after a copy of the court order imposing a fine or costs is recorded, unless within that time an action to enforce the lien is commenced.
(Prior Code, § 23.5-9) (Ord. 1050, passed 8-17-1998)