Legislation
SECTION 1510-A
Repair or removal of monuments
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 15
§ 1510-a. Repair or removal of monuments.
(a) Cemetery corporations may repair or remove any monuments or other
markers not owned by the cemetery corporation that have fallen into
disrepair or dilapidation so as to create a dangerous condition,
provided that the cemetery corporation has given not less than sixty
days notice by registered or certified mail to the last known owner at
that person's last known address to repair or remove the monument or
other marker and the said owner has failed to do so within the time
provided in said notice.
(b) In the event that the last known owner cannot be found, the notice
may be given by publishing the same once each week for three consecutive
weeks in a newspaper published or circulated in the county in which the
cemetery is located. Such notice shall be addressed to the last known
owner and to all persons having or claiming any interest in or to the
burial lot on which the monument or other marker is located. The notice
shall date from the date of mailing such notice by registered or
certified mail, or the date of the third publication in the newspaper.
(c) Any monument or other marker that is removed as provided for in
this section shall be replaced with a flush bronze or granite marker
suitably inscribed if replacement is appropriate for identification
purposes.
(d) Nothing contained herein shall be construed as establishing any
right of damages not otherwise provided by law, rule or contract in any
person against the cemetery corporation for failure to repair or remedy
any condition described or give notice thereof as provided for in this
section.
(a) Cemetery corporations may repair or remove any monuments or other
markers not owned by the cemetery corporation that have fallen into
disrepair or dilapidation so as to create a dangerous condition,
provided that the cemetery corporation has given not less than sixty
days notice by registered or certified mail to the last known owner at
that person's last known address to repair or remove the monument or
other marker and the said owner has failed to do so within the time
provided in said notice.
(b) In the event that the last known owner cannot be found, the notice
may be given by publishing the same once each week for three consecutive
weeks in a newspaper published or circulated in the county in which the
cemetery is located. Such notice shall be addressed to the last known
owner and to all persons having or claiming any interest in or to the
burial lot on which the monument or other marker is located. The notice
shall date from the date of mailing such notice by registered or
certified mail, or the date of the third publication in the newspaper.
(c) Any monument or other marker that is removed as provided for in
this section shall be replaced with a flush bronze or granite marker
suitably inscribed if replacement is appropriate for identification
purposes.
(d) Nothing contained herein shall be construed as establishing any
right of damages not otherwise provided by law, rule or contract in any
person against the cemetery corporation for failure to repair or remedy
any condition described or give notice thereof as provided for in this
section.