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2.84.050 Ownership Rights of Interment

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2.84.050 Ownership rights of interment

A. The lot owner or his authorized agent shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of the cemetery rules and regulations. Upon full payment of the purchase price of a lot, a deed will be issued and recorded in the records of the city as evidence of ownership of the lot. Lots, or fractions of lots, for which lot deeds have been issued by the city, will not thereafter be divided except by consent of the city. All lots are exempt from taxation and cannot be seized for debt (except those owed to the cemetery) nor can they be mortgaged. All repossessed vacant grave spaces shall be subject to the same fees and charges. The lot owner shall have acquired the lot for interment of himself and members of his family. However, the lot owner may grant written permission (which must be notarized and placed on file with the cemetery manager) for the burial of other persons. No corpse shall be interred in a lot except the corpse of one having an interest therein, or a relative, or the husband, or wife of such person, or his or her relative, except by the consent of all persons having an interest in the lot.

B. Unless otherwise directed in writing and filed with the cemetery manager, the lot owner, his devisees, or his heirs, the cemetery will permit the interment of members of his family at the request of any interested person upon proof of eligibility for burial as follows:

1. The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.

2. When there is no surviving spouse, the devisees, or heirs of the owners, may by agreement in writing, determine who among them shall have the right of interment or direction for interment, which agreement shall be filed with the cemetery manager.

3. In the event the owner, his devisees or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner, shall have the right to interment in order of their need.

C. All burial rights in cemetery lots purchased from the city occupy the same position as real estate at the death of the owner. Only such persons whose names appear on the cemetery records of the city will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by a will, and when ownership is to be determined, a certified copy of the will must be delivered to the cemetery manager before the city will recognize the change of ownership. If the deceased lot owner left no will, satisfactory proof of descent must be provided. It is recommended that lot owners, in making their wills, include a provision covering the cemetery lots and devise same to one person.

D. Lot owners may not resell or transfer their lots or parts of lots except as outlined below:

1. The cemetery manager shall enter in the record kept for that purpose all deeds of transfer and reconveyance of cemetery lots. No such reconveyance shall be received and recorded by the cemetery manager until the fee listed in ss. 2.84.160 E. has been paid.

2. Said fee shall be in the cemetery revenue accounts.

3. Reconveyance of lots or parts of lots may be made only by written application therefore upon blanks furnished by the cemetery manager, the same to be approved by the city manager. Such application shall be executed by the owner(s) of the lots, or if the owner(s) is deceased, by the legal heirs. The application shall state the lot and block number. (Ord. 6258 º2, 2002; Ord. 5558 º3, 1995; Ord. 3123 ºI(part), 1970; Prior code º13.25 Rule I B).

2.84.030--2.84.050 are adopted by reference as fully as if herein set out verbatim. Copies thereof shall be on file with the city clerk and the director of community services and open to public inspection during normal business hours. (Ord. 6258 º1, 2002; Ord. 3123 ºI(part), 1970; Prior code º13.25(b)).


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