(A) The cemetery sexton is hereby empowered to sell certificates of burial rights and to collect prior to burial all amounts arising from such sales. A certificate describing said rights, including the location, with the price thereof shall be given each purchaser. The fees for certificates of burial rights shall be established by resolution of the City Council.
(B) The charges for certificate of burial rights include perpetual care fee for full size spaces and niches and for designated areas on the cemetery plat set aside for interments of infants. Perpetual care fees are considered paid in full at the time of interment. Transfers of certificates of burial rights shall be allowed and the sexton shall collect a fee for the administrative costs of making such transfer.
(C) The City retains title to the cemetery property. A maximum of eight lots can be purchased by any one individual. A certificate of burial rights will be issued to each purchaser after fees are paid in full.
(D) Burial rights are conveyed to the person or persons named therein and their heirs perpetually. All legal heirs are presumed to have legal claim to the rights of burial unless specified differently in a verified legal will, a recorded trust, or by a probate court's order. Burials by or of heirs, after the original parties named on burial certificates are deceased, requires the permission of all living heirs, in writing, on forms supplied by the sexton, or by a probate court's order.
(E) The cemetery master file is considered the correct record. Any discrepancy between the master file and the certificate of burial rights will be considered a clerical error. The city reserves the right to recall, correct and reissue the correct certificates.
(F) Unused lots that have been unused or have no written notices of claim or interest on, for more than 60 years will be reclaimed by the city. Brigham City will follow State Code when reclaiming cemetery lots.
(G) If a reverted certificate of title or right to a lot is presented later the legal holder is entitled to be compensated at the buyback price established by resolution of the City Council. All proceeds of the resale of reverted property will be replaced in the perpetual care fund (Chapter 5, Title 8 Utah Code Annotated, 1953).
(H) Purchase of unused lots by the city. The city may buy back unused lots when directed by the owner or by authorized living heirs at the buyback price established by resolution of the City Council. The certificate of burial rights must be turned in or other document proof of ownership must be given to the cemetery sexton before the transaction can be accomplished.
(Prior Code, § 8.01.050) (Ord. 24-18, passed 6-6-2024)