2006 New York Code - Repair Or Removal Of Monuments.



 
  § 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.

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