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The town may open a plot for any purpose on proper written authorization by any plot owner of record made out on forms approved by the town and duly filed in its office, unless there are written instruction's to the contrary on file with the town. When instructions from the plot owner regarding the location of the interment space in a plot cannot be obtained, are indefinite or when for any reason the interment space cannot be opened where specified, the management may, in its discretion, open it in the location in the plot as it deems best and proper, so as not to delay the funeral, and the town shall not be liable in damages for any error so made.
(Prior Code, Ch. 16, Art. IV, § 16-125) (Ord. 130, passed 2-5-1990)
The town shall not be held responsible for any order given by telephone, or for any mistake occurring as a result of erroneous instructions as to the particular space, size and location in a plot where interment is desired. Further, the town reserves the right to correct any errors that may be made either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property either by canceling the conveyance and substituting and conveying in lieu thereof other interment property of equal value and in so far as possible similar in location, as may be selected by the town, or, in the sole discretion of the town, by refunding the purchase price of the property. In the event the error shall involve the interment of the remains of any person on the wrong property, the town also reserves the right to remove and reenter the remains in the other property of equal value and similar location as may be substituted therefore.
(Prior Code, Ch. 16, Art. IV, § 16-126) (Ord. 130, passed 2-5-1990)
No interment shall be permitted or memorial placed in or on any property not fully paid for except by special consent of the town in writing and, in the event the consent is given, any and all interments or memorials placed in or on the property shall be considered as temporary, and no rights shall be acquired by the plot purchaser until the property is fully paid for in cash. Further, in the event the purchaser of the property shall fail to meet all payments within 30 days after the same are due then the town may reenter the property and hold the same as its former estate. The town thereupon shall release the owner from all obligations thereunder, and it may retain the payments as may have been made toward the purchase of the property as liquidated damages. The town also reserves the right, without notice, to remove to single graves, to be chosen by the town, any memorial and each of the remains then interred on the unpaid for property.
(Prior Code, Ch. 16, Art. IV, § 16-128) (Ord. 130, passed 2-5-1990)
Not more than one body, or the remains of more than one body, shall be interred in one grave unless approved by the town, in which case a maximum of three urns may be placed in one grave. The lot owner must pay the fee set by the town for each interment.
(Prior Code, Ch. 16, Art. IV, § 16-129) (Ord. 130, passed 2-5-1990; Ord. 281-99, passed 10-18-1999)
(A) Time and charges. All interments, disinterments and removals must be made at the time and in the manner and only upon the payment of the reasonable charges as may be from time to time fixed by the cemetery management.
(B) Consent required for nonresidents. It is recognized that special circumstances may arise under which plots should be sold to those who are not residents. When the instances occur, special dispensation of these rules may be granted by the town.
(C) Transfer charges. The town may fix a charge as established in the Town of Florence Schedule of Fees for all transfers of ownership of interment rights. No transfer of ownership shall be completed or effective until all fees are paid.
(D) Interment rights. All interment rights are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
(E) Consent of association. No transfer or assignment of any interment rights, or interest therein, shall be valid until the consent of the town has been endorsed thereon and the same has been recorded in the books or records of the town.
(F) Indebtedness. The town may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due to the town from recorded interment rights owners.
(G) May not subdivide plot. The subdivision of interment rights is not allowed and no individual shall be interred in any plot not having an interest therein, except by written consent of all parties interested in the plot and of the town.
(Prior Code, Ch. 16, Art. IV, § 16-130) (Ord. 130, passed 2-5-1990; Ord. 644-15, passed 12-7-2015)
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