Neglected cemetery? Who should clean it up?

• New Richmond has a cemetery levy on the May 6 ballot
• Types of cemeteries: government, religious, nonprofit
• Some cemeteries are required to place money in an endowment
• When a cemetery is abandoned, it's not always clear who takes over

NEW RICHMOND – Bill Marsh and Jim Hempfling have devoted hundreds of volunteer hours the past two summers to resetting more than 800 toppled tombstones in two of the village's four cemeteries.

"We didn't do it for any other reason than we were both unhappy with the way it looked," said Hempfling, who like Marsh is on the village cemetery board.

In New Richmond, as anywhere, people expect cemeteries to be maintained properly. When they're not, complaints roll in and questions arise: Who's responsible? Why are some cemeteries cared for meticulously and others overgrown with weeds? What happens if a cemetery is abandoned?

In New Richmond, it's the village government. So when the cost of maintaining its cemeteries exceeds what the village can afford, it turns to taxpayers – which it will do in the May election.

But for other cemeteries it's a bit more complicated. There are several types of cemeteries, and that factors into how they're cared for and by whom.

In Ohio, 2,763 government-operated cemeteries are registered with the state Commerce Department. Some 564 are run by religious, fraternal or benevolent organizations. Another 267 are operated by corporations or nonprofit cemetery associations.

The Kentucky Attorney General's office, which administers that state's cemetery registration laws, could not immediately provide a similar breakdown.

A government-operated cemetery is run by a village, township or city or some combination. New Richmond's four cemeteries – one is inactive and another nearly so – are in this category.

Like many municipalities, New Richmond uses income from grave sales to maintain its cemeteries. But "that is minimal compared to what we need," Hempfling said. "It doesn't even cover the cost of mowing," which is nearly $15,000 a year. And so the village has long used general fund money for cemetery maintenance.

Governments, though, are subject to economic downturns, and when that happens, "tax revenues are going to go down. Services are going to suffer. One of the first things to be overlooked would be a cemetery," said Chris Rowan, president-elect of the Kentucky Cemetery Association.

New Richmond has been lucky to have devoted volunteers Marsh and Hempfling. Their efforts at moving gravestones back into place have improved the appearance of the village's cemeteries, including hilly Greenmound, the largest at 15 acres.

But a long list of maintenance work remains, they say, including major projects such as repaving and widening Greenmound's narrow, crumbling, asphalt roads and taking down dead trees in all four cemeteries. It's beyond the scope of what two retired guys can do.

It also exceeds what the village can afford, so officials placed a 1-mill, five-year cemetery levy on the May 6 ballot. It would cost the owner of a $100,000 house an additional $35 a year and would raise $55,793 annually. The money could be spent only to operate and maintain cemeteries.

If it doesn't pass, no other maintenance needs will be addressed and "all we can do is mow," said Donna Hammons, another member of the cemetery board. She said New Richmond has never had a cemetery levy.

Both Ohio and Kentucky require some cemetery operators to set aside money for maintenance; most, however, are exempt.

In Ohio, nonprofit cemetery associations and companies that sell lots must deposit at least 10 percent of such proceeds into an endowment care trust.

In Kentucky, cemetery companies are required to deposit 20 percent of the cost of each grave sold into a perpetual care trust fund. But nonprofits are exempt; the rule applies to only 275 registered companies.

When a privately run cemetery runs out of money or is abandoned, it's often not clear who becomes responsible for upkeep.

Kentucky has no statutes specifying an agency or person that must step in, said Daniel Kemp, a spokesman in the attorney general's office.

Ohio law includes separate provisions governing townships and municipalities, and "there are varying interpretations," said Laura Monick, chief of the registration and resolution section in the Department of Commerce's real estate division.

A case in point is Wesleyan Cemetery in Northside, where an estimated 17,000 people are buried on 25 acres. The cemetery had been privately owned since it opened in the mid-1800s. Neglect and mismanagement problems began years ago. When caretakers abandoned it, no one would claim responsibility.

That led to a 2007 ruling by the Cincinnati-based 1st District Court of Appeals, which said the city of Cincinnati is responsible for its maintenance. The city now pays a landscaper to mow the grass, but challenges remain, including broken headstones and severe erosion.

Last year, an employee resource group at Cincinnati Children's Hospital Medical Center, the Veteran and Military Family Advocacy Network, adopted the cemetery. "I think it's inspired a lot of other people to get involved, including the city," said president Michelle Zdunic. The city, she said, has been removing dead trees and debris collected by volunteers.

Similar good deeds can be found in New Richmond, where Bill Marsh and Jim Hempfling work tirelessly. Now they hope others will be inspired to vote "yes" on a levy. ■