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(A) Whenever an interment is made in a plot that has been transferred by grant to an individual grantee by the city and is held as a separate plot, it shall be indivisible; and the whole of the burial plot thereby becomes inalienable and shall be held as the family burial plot of the owner, in which one grave, niche or crypt may be used for the owner’s interment, one for the interment of the surviving husband or wife, if any, of the owner who by law has a vested right of interment therein, and in those remaining, if any, the children of the deceased owner may be interred, in the order of need, without the consent of any person claiming any interest therein. In the event there shall be no child surviving the deceased person, the right of interment therein shall go to the next heirs at law of the deceased owner as specified by the statutes of descent.
(B) On the decease of the proprietor of a lot, when the lot is not specifically mentioned in his or her will, an affidavit must be filed at the office of the City Clerk, signed by one of the heirs at law, and in the case of minors, by their guardian. This affidavit must include a list of the names of all heirs and a majority must also designate one of their number as the representative, who shall be authorized to sign orders for interments in the lot and to give all other needful directions regarding the lot. If no affidavit shall be filed, the City Clerk may designate some one of the heirs at law so to act until a time as the before-mentioned affidavit shall have been filed.
(1986 Code, § 4.04.080) (Ord. 603, passed 8-19-1947)