§ 9-18. Cemetery grave space resale or transfer; discrepancies.

(a)

Restriction on resale or transfer. For the purpose of preventing profiteering in dealing in cemetery grave spaces, it is hereby declared to be necessary that certain restrictions be placed upon the resale of such grave space(s). No person shall have a right to sell, transfer or otherwise dispose of any grave space (except as described in subsection (b)), without first offering the grave space(s) to the city, at the same price at which the grave space(s) was first acquired from the city. The city shall have the right to purchase the grave space(s) at the price for which the grave space(s) originally sold and shall within 30 days after the grave space(s) is offered to the city, either purchase the grave space(s) or reject the same.

(b)

Exception: transfer to immediate family member(s). The owner of a grave space may transfer his/her ownership interest in a grave space to immediate family member(s) at no cost to such family member(s). To effectuate the transfer, the owner shall notify the city and provide written consent to such transfer in a form acceptable to the city with a $25.00 fee for such transaction. If the owner is deceased, in lieu of receiving written consent from the owner, the successor(s) may provide proof of transfer with estate records, agreement among the heirs, or similar form as requested by the city along with the $25.00 transfer fee.

(c)

Discrepancies. In the event there is an error or mistake in the description, transfer or conveyance of interment property, the city may correct such error, either by cancelling such conveyance and substituting and conveying other interment property of equal value and similar location or by refunding the amount of money paid for such purpose. It shall be in the sole discretion of the city as to which alternative is selected; however, the desires of the owners of the property shall be taken into consideration prior to making a selection of the alternative.

(Ord. No. 7304, § 7, 8-1-17)

Editor's note

Sec. 7 of Ord. No. 7304, adopted Aug. 1, 2017, repealed and replaced § 9-18 in its entirety to read as herein set out. Former § 9-18 pertained to similar subject matter and derived from the 1973 Code; Ord. No. 4831, adopted Dec. 7, 1993; Ord. No. 6296, adopted Oct. 1, 2002; Ord. No. 6681, adopted Dec. 18, 2007; and Ord. No. 7033, adopted Aug. 20, 2013.