(a) Purpose. This indigent cremation chapter is enacted to set forth the City's policy and procedure with regard to compliance with the provisions of Ohio R.C. 9.15 pertaining to the burial or cremation of indigent persons who were residents of the City.
(b) Indigent Cremation Policy.
(1) When the body of a deceased person is found within the City and such person was not an inmate of a correctional, benevolent, or charitable institution of this State; and the body is not claimed by any person for private interment and/or cremation at the person's own expense; or delivered for the purpose of medical or surgical study or dissection in accordance with Ohio R.C. 1713.34, the City shall be liable for the cremation expenses, if:
A. The deceased is determined to be an indigent person; and
B. The deceased was a legal resident of the City of Fairlawn at the time of death.
(2) If the body is claimed by an indigent person, without undertaking to arrange and pay for private creation or interment, the City shall be liable for cremation expenses, if:
A. The deceased is determined to be an indigent person;
B. The deceased was a legal resident of the City of Fairlawn at the time of death; and
C. The claimant is determined to be an indigent claimant.
(3) The City shall only pay for cremation after all other available resources have been exhausted. Any funds provided by other sources for funeral, burial, or cremation shall be deducted from the amount to be paid by the City.
(4) "Indigent person" means a person who dies without leaving an ascertainable estate sufficient to pay part or all of the person's cremation or burial expenses and whose cremation or burial expenses are not payable by any other source such as the Veteran's Administration.
(5) "Indigent claimant" encompasses individuals who are poor, needy, destitute, or in poverty. The criteria for an indigent determination includes; the ready availability of real or personal property owned, employment benefits, pensions, annuities, social security, unemployment compensation, inheritances, number and age of dependents, outstanding debts, obligations, liabilities, and any other relevant considerations concerning the person's financial condition.
(6) "Legal residency" means a physical presence in a particular location, coupled with the present intent to make that place a permanent residence for a period of time.
(Ord. 2024-020. Passed 5-6-24.)