(A) The lot owner or his or her authorized agent shall have the right to use a lot for burial purposes only in accordance with the terms of the cemetery rules, regulations, and applicable state statutes.
(B) Upon payment of the purchase price, the Village Clerk-Treasurer will issue a cemetery deed, under seal, and the deed will be recorded in the records of the village as evidence of ownership of the lot.
(C) No corpse shall be interred in a lot except the corpse of the owner, or the owner’s heirs and assigns, except by the consent of all persons having an interest in the lot.
(D) Absent written consent as provided in division (C) above, the cemetery will permit the interment of members of his or her family at the request of any interested person as follows:
(1) The surviving spouse of the lot owner shall have right of first interment or to direct the right of interment.
(2) When there is no surviving spouse, the 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 Village Clerk-Treasurer.
(3) In the event the owner or his or her heirs have not arranged for future interments, then the heirs of the owner shall have the right to interment in order of need.
(E) Only those persons whose names appear on the cemetery records of the village 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 Village Clerk-Treasurer before the village will recognize the change of ownership. If the deceased lot owner left no will, satisfactory proof of descent must be provided. Lot owners are encouraged to include a provision in their wills devising unused cemetery lots to one person.
(F) Lot owners may not resell or transfer their lots or parts of lots except as outlined below.
(1) The Village Clerk-Treasurer shall enter in the record kept for that purpose all deeds of transfer and reconveyance of cemetery lots.
(2) Reconveyance of lots or parts of lots may be made on a notarized quitclaim deed. This quitclaim deed shall be executed by the owner of the lots, or if the owner is deceased, by the legal heirs. The quitclaim deed shall state the legal description of the space.
(3) No owner of a cemetery lot shall sell, transfer, or assign the same or the unused portion thereof to any other person except as provided herein. All other transfers, except transfers under probate laws, shall be null and void.
Penalty, see § 10.99