(a) Cemetery burial spaces shall be sold only to residents of Richfield Village and of Richfield Township and to former residents who were residents of the Village or of the Township for a minimum of ten (10) years prior to the date of purchase. A notarized affidavit as proof of residence will be required to purchase of a burial space.
(b) The following persons may be buried in any cemetery maintained by the Village:
(1) The owner of record of a burial space or a qualified grantee of a burial space.
(2) The parents or grandparents of an owner of record or qualified grantee of a burial space.
(3) The children and grandchildren of an owner of record or qualified grantee of a burial space.
(4) Any person who at the date of his or her death is the husband, wife, daughter-in-law, or son-in-law of the owner of record or qualified grantee of a burial space.
(c) Upon the death of an owner of record of a burial space, his or her heirs or devisees, shall file with the Director of Public Service competent proof of their right to the continued use and ownership of the burial space. The Director of Public Service, in their sole discretion, may refuse to permit further burials in such burial space until such proof is presented to and accepted by the Director of Public Service.
(d) The Mayor, upon the approval of a majority of the members elected or appointed to Council, may waive the provisions of subsections (a) and/or (b) of this section upon the express finding of the existence of extenuating or mitigating circumstances that, in the sole discretion of the Mayor and Council, warrant the waiver of either or both of such subsections.
(e) The owner of record of any burial space may at any time convey the rights to any burial space to the Village and shall receive the original purchase price paid for the burial space or may gift or bequeath, the use of any burial space, but shall not sell or offer for sale any burial space. When the authorized transfer or assignment of a burial space is made, a notarized letter from the original owner of record shall be provided to the Director of Public Service, who shall give a deed conveying only the burial rights provided for by this Chapter and not ownership of the burial space.
(f) For all locations in this Chapter the singular may be interchanged with the plural for any reference to a burial space.
(g) The terms of sale and any deed to any burial space in any Village cemetery executed after the effective date of this subsection, may include the following requirements:
(1) The grantee shall provide to the Director of Public Service, in writing, a list of the names and addresses of the persons to whom the grantee's property would pass by interstate succession.
(2) The grantee shall notify the Director of Public Service 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 deed to a burial space in any Village cemetery 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 Director of Public Service, and shall notify the Director of Public Service of any subsequent changes in the person's name or address.
(4) The terms of sale and any deed to any burial space in any Village cemetery executed in compliance with the notification requirements set forth in subsection (g)(1), (2), and (3) of this section shall state that the Director of Public Service shall have right of reentry to the burial space if the notification requirements are not met. At least ninety days (90) before establishing reentry, the Director of Public Service shall publish a notice on the Village's internet website, if applicable, and 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 burial space 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, Council 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 or right.
(5) Council may limit the terms of sale or the deed for any burial space in any Village cemetery by specifying that the owner, a member of the owner's family, or an owner's descendant must use the burial space, or at least a portion of the burial space, within a specified time-period. Council may specify this time-period to be at least twenty but not more than fifty years, with right of renewal provided at no cost. At least ninety (90) days before the termination date for use of the burial space, the Director of Public Service shall publish a notice on the Village's internet web site and shall send a notice to the owner to inform the owner that the owner's interest in the lot or right will cease on the termination date unless the owner contracts for renewal by that date. The Director of Public Service shall send the notice by certified mail to the owner if the owner is a resident of the township 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.
(6) The terms of sale and any deed for any burial space in any Village cemetery with a termination date shall state that the Director of Public Service shall have right of reentry to the burial space at the end of the specified time period if the burial space, is not used within this time period or renewed for an extended period. In order to establish reentry, the Council 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 or right. The Village shall compensate owners of unused lots or rights who do not renew the terms of sale or the deed by offering to pay the owner eighty per cent of the purchase price or to provide another available lot or right, as applicable, at no additional cost. The Village may repurchase any cemetery lot or right from its owner at any time at a price that is mutually agreed upon by the Village and the owner. (Ord. 45-2022. Passed 12-14-22.)