945.15 CONVEYANCES OF CEMETERY PLOTS OR NICHES.

   (a)    Transfers and/or conveyances of cemetery plots or niches are and shall be permitted to persons other than the City if the proposed transfer meets all of the following requirements:

      (1)    The transfer or conveyance is from a record owner (transferor) to:

         A.   A transferee or transferees who are related to the transferor, or are related to a deceased person who is interred in the lot, by blood, marriage or adoption. A legal adoption shall be deemed to have the effect upon all persons whomsoever would have obtained if such adopted person were the natural child of the adoptive parent. For the purposes of this section, a relationship is established if the transferee is the transferor's or deceased person's:

            1.   Spouse; or

            2.   Lineal ancestor or lineal descendent; or

            3.   Brother, sister, uncle or aunt; or

            4.   Lineal descendant of a brother, sister, uncle, or aunt; or

            5.   Spouse of a person in categories 2, 3, and 4 hereof;

         B.   The City; or

         C.   A trustee or guardian for the transferor or for beneficiaries who are so related to the transferor.

      (2)    The transfer and/or conveyance shall be gratuitous and cannot be the result of a sale or result in any gain or profit to the transferor.

      (3)    A notarized affidavit shall be submitted to the City by the transferor stating the following:

         A.   The relationship between the transferor and the transferee;

         B.   The proposed transfer is not the result of a sale, and shall not result in any gain or profit to the transferor; and

         C.   The transfer is made of the transferor's free will.

      (4)    All transfers and/or conveyances made pursuant to this section are subject in all other regards to the provisions of this chapter and other existing ordinances and cemetery rules and regulations.

   (b)    Transfers made in violation of the requirements of this section shall be void, and the title to the plot or niche sought to be transferred shall revert to the last record owner as determined by City records. Transfers and/or conveyances of cemetery plots or niches made prior to the date of passage of this section which meet all the requirements of this section are hereby ratified and confirmed.

   (c)    All other transfers and/or conveyances of cemetery plots or niches shall be as set forth in this chapter and other existing ordinances and cemetery rules and regulations.

(Ord. 119-1996. Passed 9-9-96.)