Title 13 PUBLIC SERVICES
Chapter 13.28 CEMETERIES
13.28.170 Revestment notice.
A. Notice to County Resident. If the lot owner or grave space owner shall
be a resident of Butler County, the city clerk shall cause to be served upon
such owner in the manner prescribed by law for service of summons in a civil
case a notice that proceedings have been initiated to revest the title of such
lot in the city, stating the lot or grave description, name of owner or owners,
and notifying the owner that such owner may within thirty (30) days from the
date the notice is served upon them file with the city clerk a statement in
writing explaining how rights in a cemetery lot were acquired and such persons
desire to claim such rights in such lot or grave space. In the event such a
statement is so filed and it is ascertained to be correct by the governing body
and that such statement contains a claim asserting the rights of the lot owner
or grave space owner, all proceedings to revest title to such lot or grave space
in the city shall be null and void and such proceedings shall be summarily
terminated by the governing body as to the lots or grave space identified in the
statement so filed.
B. Notice to Nonresident or Absentee. Whenever the
sheriff, Butler County, Kansas, is unable to find a lot owner or grave space
owner in Butler County or ascertains that such an owner is a nonresident of the
county, then the governing body may cause such notice to be published once a
week for three consecutive weeks in the official city newspaper and shall cause
a copy of such notice to be served on the lot owner by certified mail addressed
to the lot owner's last known address, if any. The notice shall be in the form
and contain the information as set forth in subsection (A) of this section
except that the period in which the lot owner or grave space owner may file a
written statement shall be thirty (30) days following the last publication of
the notice. In the event the statement by the lot owner or grave space owner as
filed with the city clerk is ascertained to be correct by the governing body,
and the statement contains a claim asserting the rights of the lot owner or
grave space owner in the lot or grave space, all proceedings by the governing
body to revest title to the lot or grave space in the city shall be null and
void and such proceedings shall be summarily terminated by the governing body as
to such lots or grave spaces identified in the statement.
C. Records.
All notices with proofs of service, mailing and publication thereof, and all
resolutions adopted by the governing body relative to the revestment proceedings
shall be made a part of the permanent records of the city. (Prior code §
19-303)
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