A. Maintenance Charges:
1. Every lot for which perpetual care has not been purchased and with reference to which the owner has established a right to directly provide for maintenance and care, notwithstanding the provisions of Section 7-5-12 of this Chapter, shall be maintained and cared for to the extent and in accordance with the standards established by the City Council for care and maintenance of all lots of the cemetery. (1979 Code § 8-281)
2. In the event that the owner fails to provide the requisite care and maintenance for nonperpetual care lots, the Maintenance Department shall furnish care and maintenance at rates established by the City Council. (1979 Code § 8-281; amd. 1998 Code)
3. All such charges shall become a personal liability of the owner of the lots and, in addition thereto, shall constitute a lien against the lots upon the basis of which the City Council may cause the burial rights therein to be forfeited and said rights to revert to the City. (1979 Code § 8-281)
B. Reversion Of Nonpaying Lots:
1. When any owner of any lot or portion of a lot in the cemetery shall have failed to pay the cost of services rendered by the City or its employees in watering, beautifying, maintaining or caring for any lots or portions thereof in the City cemetery for which perpetual care has not been purchased in accordance with the provisions of this Chapter, and such failure to pay has continued for a period of six (6) months, the City may pursue collection of such costs in a court of law. A court action may be pursued for the purpose of seeking judgment against the owner and thereafter attaching any of the assets of the owner, including an attachment of the lots or portions of lots upon which the owner has failed to make payment for maintenance service.
2. As an additional remedy, or in lieu of seeking collection in a court of law, the City may cancel the owner's certificate or deed representing rights to burial on the unoccupied lots or portions of lots and causing ownership of lots or portions thereof to revert back to the City by following the procedure set forth in this Section. (1979 Code § 8-282)
C. Procedure For Reversion Back To City:
1. The City may terminate the owner's right to use of unoccupied lot or lots in the City cemetery when there has been a six (6) month failure to pay the costs of maintenance provided by the City in the following manner:
a. The City Council shall fix a time and place of hearing before the City Council at which the owner shall be given the opportunity to present good cause as to why his right to future use of the lot or lots involved shall not be terminated and as to why the ownership of the lot or portions of lot shall not revert back to the City for resale by it.
b. A notice of the time, place and purpose of the hearing to forfeit the owner's interest in the lot or parts of the lot shall be given by personal delivery of a written notice of the time, place and purpose of the meeting of the City Council or by mailing a copy of the notice to the last known address of the owner or owners.
c. In the absence of an ability to make personal delivery of the written notice to the owner or owners, a notice of the hearing to forfeit rights to said lot or portions of lot shall be published at least once in a newspaper having general circulation in the County. The publication shall be made at least three (3) weeks prior to the date of the hearing.
d. If the owner is known to be deceased, then mailing of notice or delivery of notice shall be made to the last known addresses of any known heirs.
e. Copies of the notice shall also be posted in a conspicuous place in the offices of the City.
f. At the time and place set for the hearing before the City Council, the City Council shall give the owner or owners an opportunity to be heard, a right to present witnesses and to submit evidence showing cause why the lot or portions of the lot shall not be forfeited to the City.
2. After due consideration of all the facts presented at such hearing, the City Council may order, if it finds that there has been a failure to make payment of such costs or if no satisfactory arrangement has been preferred for making the immediate payment of such costs, that the lot or portions of lot shall revert to the City for resale and that all of the rights and privileges of the owner in the lot or lots are terminated.
3. Thereafter, the City may make sale of the lots in the same manner as it makes sales of all other lots within the cemetery. (1979 Code § 8-283)