§ 38-89. Restrictions upon right of use.

Every servitude of right of use granted by the city shall contain the following restrictions:

(1)

Transferability. The servitude of right of use granted pursuant to this division shall not be transferable except upon the written approval of the director of the department of property management in a form approved by the city attorney. No person granted a servitude of right of use pursuant to this article shall demand or receive from the transferee of such servitude any remuneration whatsoever, provided, however, that the transferor of such servitude may demand, as a condition of the transfer, that the transferee pay a pro-rata amount of the fee for the right of use charged by the city. Nothing in this section shall be construed to deny to co-owners in indivision a right to seek partition by licitation of their jointly held right of use.

(2)

Extent of right of use. The servitude of right of use granted by this article may be exercised by, and at the exclusive discretion of, the person in whose name the servitude of right of use is granted, his heirs or successors in interest, solely for the interment of human remains and subject to the restrictions provided by this chapter, applicable law and the regulations of the department of property management. In no event shall the person in whose name the servitude of right of use is granted, his heirs or successors in interest, impose any fee or charge for the interment of human remains in such city cemetery space or plot.

(3)

Term. All servitudes of right of use granted pursuant to this article shall terminate on the tenth anniversary of the date of grant thereof.

(4)

Renewal of servitude.

a.

Every person granted a servitude of right of use pursuant to this article, or granted a renewal of such servitude, his heirs or successors in interest, shall have the right to renew, for a succeeding ten-year period, the servitude of the right of use granted to him. The right of renewal granted by this subsection shall be exercised by:

1.

Written notice of the intention to renew the servitude filed with the director of the division of city cemeteries not sooner than one year, nor later than 30 days, prior to the expiration of the then-current term of such servitude, and accompanied by;

2.

The applicable renewal fee; and

3.

In the case of renewal by an heir or successor in interest, a judgment of possession of a court of competent jurisdiction, an act translative of title or an affidavit which meets the requirements of section 38-92(a)(1).

b.

The director of city cemeteries shall present the application and the documents required under this division to the city attorney for approval as to form and legality, and, if same is approved by the city attorney, shall cause to be issued a renewed grant of servitude of the right of use in the same manner as the original grant.

c.

The renewal of any servitude of right of use shall be conditioned upon the payment by the renewing grantee of the then-current fee for the grant of the servitude of right of use.

(5)

Extinguishment of servitude of right of use. Upon the expiration of the term of a servitude of right of use and the failure of the grantee to renew such servitude in accordance with this chapter, the director of city cemeteries shall forward notification of same, by certified mail, to the grantee's last known address, and shall publish in the official journal, once a week for two months, notice of the intention of the city to reclaim such space or plot over which the servitude has been exercised.

a.

Such notice shall state that, upon the default by the grantee, his heirs or successors in interest, to renew the servitude within one year of the date of expiration of the grant of such servitude, the human remains within such space or plot over which the servitude was exercised shall be removed to a place of temporary interment and that judicial proceedings shall be instituted by the city, to remove, or to assume the ownership of, the structures upon such space or plot over which the servitude was exercised.

b.

The notice provided for by this subsection shall be posted continuously for a period of six months immediately subsequent to the expiration of a servitude of right of use upon the space or plot over which the servitude of right of use has been exercised.

(Code 1956, § 13-29)