8.070 Care of Lots.

(1) “Perpetual Care” Defined. The term perpetual care shall mean the cutting of grass on cemetery lots at reasonable intervals, the raking and cleaning of lots, the pruning of shrubs and trees and such other work as may be necessary to keep the lot in presentable condition. Perpetual care does not include maintenance or repair of any gravestones or monument structures erected upon cemetery lots nor the planting or care for any flowers or ornamental plants.

(2) Perpetual Care Required. The sales price for any cemetery lots hereafter sold shall include a charge for perpetual care to be furnished by the City of Manitowoc. The charge for this perpetual care shall be as established by rule.

(3) Provision of Perpetual Care. As authorized by Wis. Stat. § 157.50(6), funds collected for the provision of perpetual care shall be placed in the general fund and the City of Manitowoc shall provide perpetual care for all the lots whose owners have paid for such care.

(4) Nonperpetual Care Lots.

(a) Annual Care Assessment. The Department of Public Works shall annually, as of March 1st of each year, assess upon lots amounts not to exceed the amounts reasonably required for actual and necessary costs for cleaning and care of lots and care and improvement of the cemetery. The amount of this assessment shall be fixed by rule. Notice with a copy of this section and Wis. Stat. § 157.11(7) shall be mailed forthwith to each lot owner or person having charge of a lot, at his or her last known post office address, directing payment to the City Treasurer within 30 days, and such assessments shall be a personal liability.

(b) Sale for Default. When uniform care of a lot has been given for two consecutive years or more, for which assessments are unpaid after notice is provided in subsection (4)(a) of this section, the right to interment is forfeited until delinquent assessments are paid. When uniform care has been given for five consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of any lot shall pass to the City of Manitowoc and such parts may be sold. In the event a portion of the lot is occupied, the proceeds shall be applied to perpetual care of the occupied portion.

[Prior code § 8.07]