April 30, 2009, Introduced by Reps. Tlaib, Roberts, Switalski, Clemente, Geiss, Nathan, Barnett, Slezak, Bettie Scott, Durhal, Gregory, Lisa Brown, Johnson, Young, Liss, Smith, Lipton, Polidori, Meadows, LeBlanc, Espinoza, Rick Jones, Lori, Rogers, Proos and Kandrevas and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding chapter 39.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 39. DRUG NUISANCE ABATEMENT.
Sec. 3901. As used in this chapter:
(a) "Community association" means an entity that is 1 or both
of the following:
(i) A nonprofit association, corporation, or other organization
that is all of the following:
(A) Composed of residents of a local unit of government.
(B) Operated exclusively for the promotion of social welfare
and general neighborhood improvement and enhancement.
(C) Exempt from taxation under section 501(c)(3) or (4) of the
internal revenue code, 26 USC 501.
(ii) A nonprofit association, corporation, or other
organization that is all of the following:
(A) Composed of residents of a community that is contained in
specific contiguous geographic boundaries.
(B) Operated for the promotion of the welfare, improvement,
and enhancement of the community.
(b) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Drug paraphernalia" means that term as defined in section
7451 of the public health code, 1978 PA 368, MCL 333.7451.
(d) "Local unit of government" means a county, township, city,
or village.
(e) "Nuisance" means real property that is used in 1 or more
of the following ways:
(i) By individuals who assemble for the specific purpose of
illegally possessing a controlled substance.
(ii) For the illegal manufacture or distribution of 1 or both
of the following:
(A) A controlled substance.
(B) Drug paraphernalia.
(iii) For the illegal storage or concealment of a controlled
substance or drug paraphernalia in sufficient quantity to
reasonably indicate under all the circumstances an intent to
manufacture, distribute, or dispense the controlled substance or
drug paraphernalia.
(f) "Tenant" means the lessee or a person occupying property,
whether or not a party to a lease of the property. Tenant does not
include either of the following:
(i) The owner of the property.
(ii) A mobile home owner, even if the mobile home is located on
a leased or rented site in a mobile home park.
Sec. 3903. (1) One or more of the following may bring an
action under this chapter to abate a nuisance:
(a) The prosecuting attorney for the county in which the
nuisance is located.
(b) The corporation counsel or another attorney representing
the county in which the nuisance is located.
(c) A community association composed of residents of a local
unit of government or of a community in which the nuisance is
located.
(d) A local unit of government in which the nuisance is
located.
(2) An action shall not be brought under this chapter
concerning commercial property until 45 days after a person
entitled to bring the action gives notice by personal delivery or
certified mail to the tenant, if any, and owner of record that a
nuisance exists. The notice shall specify both of the following:
(a) The date and time the nuisance was first discovered.
(b) The location on the property where the nuisance is
allegedly occurring.
Sec. 3905. (1) An action under this chapter shall be heard
within 14 days after the summons and complaint are served on the
defendants.
(2) In addition to service required by court rule, the
plaintiff shall post notice of a hearing in an action brought under
this chapter in a conspicuous place on the subject property at
least 48 hours before the hearing. The notice shall indicate all of
the following:
(a) The nature of the hearing.
(b) The time and place of the hearing.
(c) The name and telephone number of a person to contact for
additional information.
Sec. 3907. (1) Evidence of the general reputation of the
property is admissible in an action under this chapter to
corroborate testimony based on personal knowledge or observation or
evidence seized during the execution of a search warrant, but is
not sufficient alone to establish the existence of a nuisance.
(2) A court may grant appropriate relief under this chapter
even if a nuisance has been discontinued at the time the complaint
is filed or at the time of the hearing.
Sec. 3909. (1) Unless subsection (2) provides otherwise, a
court may order relief in an action under this chapter without
proof that a defendant knew of the existence of the nuisance.
(2) The court in an action under this chapter may, after a
hearing, do 1 or more of the following:
(a) Regardless of whether an adequate remedy exists at law,
issue an injunction or order other equitable relief.
(b) Order a tenant who knew or should have known of the
existence of the nuisance to vacate the property within 72 hours.
(c) If the owner and a tenant are parties to the action and
the tenant has failed to obey an order under subdivision (a) or
(b), grant a judgment returning possession of the property to the
owner. If a judgment is entered under this subdivision, the court
shall immediately issue a writ of restitution or order of eviction
and order that it be executed within 5 days.
(d) If the owner is a party to the action and the owner knew
or should have known of the existence of the nuisance, order the
owner of the property to submit for court approval a plan of
correction to ensure, to the extent reasonably possible, that the
property will not again be used for a nuisance.
(e) If an owner fails to comply with an order to abate a
nuisance, order that the property be demolished if the property is
unfit for habitation and the estimated cost of rehabilitation
significantly exceeds the estimated market value of the property
after rehabilitation.
(f) If a community association is the prevailing plaintiff in
the action, award court costs and reasonable attorney fees to the
association.
(g) Grant any other relief that is available under law.
Sec. 3911. (1) An appeal from a judgment or order under this
chapter shall be filed within 10 days after the date of the order
or judgment.
(2) If an appellant wishes oral argument on appeal, the
request shall be filed at the time the appeal is filed. If an
appellee wishes oral argument on appeal, the request shall be filed
within 2 days after the appellee receives notice of the appeal. If
a timely request for oral argument is filed, the court shall hear
oral arguments within 7 days after the request is filed.
Sec. 3913. (1) This chapter does not abrogate, and the
remedies provided by this chapter are in addition to, any right or
remedy to abate a nuisance under other law.
(2) Any provisions of chapter 57 or 57a or other chapters of
this act applicable to actions between a landlord and tenant that
are inconsistent with this chapter do not apply to an action under
this chapter.