(A) The terms of sale and any deed for cemetery lots in any cemetery owned, funded, or operated by the village may include the following requirements.
(1) The grantee shall provide to the Board having control of the cemetery, in writing, a list of the names and addresses of the persons to whom the grantee’s property would pass by intestate succession.
(2) The grantee shall notify the Board in writing of any subsequent changes in the name or address of any persons to whom property would descend.
(3) Any person who receives a village cemetery lot by gift, inheritance, or any other means other than the original conveyance shall, within one year after receiving the interest, give written notice of the person’s name and address to the Board having control of the cemetery, and shall notify the Board of any subsequent changes in the person’s name or address.
(B) The terms of sale and any deed for any lots executed in compliance with the notification requirements set forth in divisions (A)(1), (A)(2), and (A)(3) of this section shall state that the village shall have right of reentry to the cemetery lot if the notification requirements are not met. At least 90 days before establishing reentry, the Board shall send a notice by certified mail to the last known owner at the owner’s last known address to inform the owner that the owner’s interest in the lot will cease unless the notification requirements are met. If the owner’s address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a newspaper of general circulation in the county. In order to establish reentry, the Council of the village shall pass a resolution stating that the conditions of the sale or of the deed have not been fulfilled, and that the village reclaims its interest in the lot.
(C) The Board may limit the terms of sale or the deed for a cemetery lot by specifying that the owner, a member of the owner’s family, or an owner’s descendant must use the lot, or at least one burial place within the lot, within a specified time period. The Board may specify this time period to be at least 20 but not more than 50 years, with right of renewal provided at no cost. At least 90 days prior to the termination date for use of the cemetery lot, the Board shall send a notice to the owner to inform the owner that the owner’s interest in the lot will cease on the termination date unless the owner contracts for renewal by that date. The board shall send the notice by certified mail to the owner if the owner is a resident of the village or is a nonresident whose address is known. If the owner’s address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a newspaper of general circulation in the county.
(D) The terms of sale and any deed for lots conveyed with a termination date shall state that the village shall have right of reentry to the lot at the end of the specified time period if the lot is not used within this time period or renewed for an extended period. In order to establish reentry, the Council of the village shall pass a resolution stating that the conditions of the sale or of the deed have not been fulfilled, and that the village reclaims its interest in the lot. The Board shall compensate owners of unused lots who do not renew the terms of sale or the deed by paying the owner 80% of the purchase price. The Board may repurchase any cemetery lot from its owner at any time at a price that is mutually agreed upon by the Board and the owner.
(Ord. 2013-24, passed 9-3-2013)