1. If the person or persons in control of a cemetery do not care for and maintain the cemetery, the district court of the county in which the cemetery is located may do the following:

 a. By injunction compel the cemetery to expend the net income of the care fund as required by this chapter.
 b. Appoint a receiver to take charge of the care fund and expend the net income of the care fund as required by this chapter.
 c. Grant relief on a petition for relief filed pursuant to this section by the commissioner.

Terms Used In Iowa Code 523I.812

  • Commissioner: means the commissioner of insurance. See Iowa Code 510.1B
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
 2. a. Inadequate care and maintenance of a cemetery includes but is not limited to the following:

 (1) Failure to adequately mow grass.
 (2) Failure to adequately edge and trim bushes, trees, and memorials.
 (3) Failure to keep walkways and sidewalks free of obstructions.
 (4) Failure to adequately maintain the cemetery’s equipment and fixtures.
 b. This subsection is not intended to prevent the establishment of a cemetery as a nature park or preserve.
  Previous section
Next section  
 Chapter 523I Contents