§ 31-25-703 — Foreclosure proceedings

Colorado § 31-25-703

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Public Improvements

Text

(1) When, pursuant to section 31-25-702, a municipality has established a cemetery, and the ordinance establishing the
same requires the owners of burial spaces to pay annual assessments for or provide
for the care and maintenance of such spaces, and the owner of any burial space has
failed and neglected for a period of five years or more to pay such annual
assessments for or to provide for the care and maintenance of such space, and no
other provisions have been made in the ordinance, deed, or contract for the case of
such a default, the governing body or the other official having jurisdiction over such
cemetery may institute proceedings for the forfeiture, termination, or foreclosure of
the rights and interests of such owner. When the governing body or other official
determines there has been such failure and neglect, a resolution reciting such
determination shall be duly adopted, and a certified copy shall be served on the
owner personally by any competent person over the age of eighteen years or shall
be sent by registered mail to the owner's last-known address.

(2) If compliance with said ordinances, rules, and regulations is not effected
or provisions made therefor within a period of thirty days, the governing body may
file a petition in the district court in and for the county in which said cemetery is
located. The petition shall set forth the facts relating to the sale and ownership of
such burial space as revealed by the records of said municipality and cemetery, a
description of the burial space described in the same manner as such burial space
is known and described on the books and records of the municipality and cemetery,
and the failure and neglect to comply with the ordinances, rules, and regulations for
the care and maintenance of said burial space. The petition shall ask for the
forfeiture, termination, or foreclosure of all right, title, and interest of such owner in
said burial space and that title thereto be vested in the municipality. The
proceeding provided for in this section is deemed and held to be a proceeding in
rem, and the procedure for forfeiture, termination, or foreclosure under this part 7
shall conform to the Colorado rules of civil procedure for the courts of record
except as otherwise provided in this part 7. A copy of said petition with a notice of
hearing thereon shall be served upon said owner in such manner and form as may
be provided for the service of process by the Colorado rules of civil procedure.
Thereupon it is the duty of such owner to appear and answer the allegations of said
petition. If the owner fails to appear and answer on or prior to the day set for
hearing, his default may be entered in the same manner as is provided by the
Colorado rules of civil procedure for the entering of defaults generally.

Legislative History

Source: L. 75: Entire title R&RE, p. 1211, � 1, effective July 1.