(a) Each Deed of conveyance for a Cemetery Lot/Niche issued by the Village of Westfield Center after the effective date of this section shall include a reversionary provision, whether stated on the face of the deed or by reference to this section, that if the cemetery lot/niche is not used by the titled owner within 40 years of the date of issuance of the cemetery deed, ownership of the deeded cemetery lot shall revert to the Village of Westfield Center.
(b) For any cemetery lot/niche that is unused as of the effective date of this section, the Village of Westfield Center has the right of re-entry by exercise of the following procedure:
(1) The Cemetery Committee shall send notice by certified mail, return receipt, to the last known address of the last known owner to inform the owner that the owner’s interests and rights will cease unless the owner or owner’s heir responds by a specified date. In the event that the owner’s address is unknown or cannot be reasonably obtained, it is sufficient to publish a notice once in a newspaper of general circulation in the county.
(2) The owner response date specified in the notice or publication shall allow a minimum of 90 days prior to the date on which action is taken to terminate the owner’s interests or rights.
(3) To establish re-entry, a resolution must be passed by the Council of the Village of Westfield Center stating that the owner has not responded by the specified date and that the Village of Westfield Center reclaims its interest in the cemetery lot or right.
(Ord. 2017-10. Passed 1-2-18; Ord. 2018-23. Passed 12-4-18.)