(a) Cemetery graves, crypts and niches are conveyed by the City to the owner by a Certificate of Ownership. The Certificate of Ownership grants to the owner the right to be interred in the grave, crypt or niche. The Certificate of Ownership does not grant to the owner general property rights, such as the right to sell or transfer the grave, crypt or niche to another party. Accordingly, no owner shall sell or convey ownership of his or her grave, crypt or niche or any part thereof to any other person.
(b) The City will refund the original purchase price of a grave, crypt or niche, without interest, to the owner or the next of kin of a deceased owner who may desire to return a grave, crypt or niche to the City. A refund to the next of kin will require proof of the name and address of all next of kin and the consent by all next of kin to the refund. Following refund of the purchase price, the City will acquire all ownership rights to the subject grave or crypt.
(c) The right of interment may be transferred by the owner to another party. The owner must complete the Burial Permission Form and file it with the Utility Billing office at the City Building prior to the interment of a third party.
(d) In addition, the next of kin of deceased owner will acquire interment rights in vacant graves, crypts or niches owned by a deceased owner, by the laws of descent and distribution per Ohio R.C. 2105.06. Thus, a next of kin has the right to be interred in the lot on a “first come, first serve” basis, until all of the graves, crypts or niches (owned by a deceased owner) within the lot are occupied. To qualify for “next of kin” interment rights, the next of kin must:
(1) Complete a Burial Permission Form.
(2) The signatures of all next of kin are required.
(3) A list of all of the next of kin (i.e. probate documents or the decedent's obituary) must be provided with the form.
(Ord. A-2566. Passed 5-27-08.)