(A) In general.
(1) The city shall endeavor at all times to provide general maintenance and care to the cemetery.
(2) The city shall take all reasonable precautions to protect cemetery space owners and the property rights of cemetery space owners from loss or damage, but the city shall not be liable, and disclaims all responsibility, for loss or damage to property or rights of space owners arising from causes beyond its reasonable control including, but not limited to, damage caused by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, whether the damage be direct or collateral.
(3) The perpetual care of the cemetery is assumed by the taxpayers of the city and includes the cutting and irrigation of the grass at reasonable intervals, the raking and cleaning of the grounds, the pruning of shrubs and trees, and the maintenance of pathways and roadways. Perpetual care by the city shall in no case mean the maintenance, repair or replacement of any memorial, placed or erected upon spaces by persons, firms or corporations; nor the doing of any special or unusual work in the cemeteries, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any marble or granite work in any section or portion of a cemetery damaged by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, whether the damage be direct or collateral.
(4) Those members of the public honoring their loved ones must realize that anything that prohibits the city from fulfilling its commitment to care for the cemetery or adds undue cost for the taxpayers shall not be allowed. It shall be the responsibility of those honoring their loved ones to observe the cemetery rules and regulations, to place items permitted well within the spaces allowed, and to remove perishable items when they are no longer performing their role in beautifying the grave site; i.e., dead flowers, faded and weathered artifacts, fences and similar items.
(B) Responsibility for cemetery administration and maintenance.
(1) The general administration and maintenance of the cemetery shall be the responsibility of the Parks and Recreation Director, or his or her designee, who shall be an employee of the city and subject to all rules, policies and procedures governing all employees of the city.
(2) The Parks and Recreation Director is hereby empowered and required to enforce all rules and regulations provided by this subchapter and to exclude from the cemetery any person violating the same.
(a) Assistance to the public. The Parks and Recreation Director, or his or her designee, shall aid and assist the public in the locating of burial spaces and inurnment niches or in interpreting the meaning of this subchapter.
(b) Supervision of cemetery maintenance. The Parks and Recreation Director, or his or her designee, shall supervise employees in the general care and maintenance of the cemetery.
(c) Location of burial space. The Parks and Recreation Director, or his or her designee, shall locate the burial space and authorize the opening of the grave or niche before work by any party shall commence.
(d) Record of burials and inurnments. The Parks and Recreation Director, or his or her designee, shall keep complete and accurate records of the names of the deceased, the block, lot and space in which the burial is made, or columbarium wall, row and niche in which an inurnment is made, the date of burial, or inurnment, and the name of the Funeral Director conducting the funeral.
(e) Sale of blocks, lots, spaces and niches. The Parks and Recreation Director, or his or her designee, shall sell such blocks, lots, spaces and niches in the cemetery as authorized by the City Commission and at the price established by the City Commission. The Parks and Recreation Director, or his or her designee, shall cause to be issued a certificate of interment upon payment of the whole amount by the purchaser. (See § 92.79 for a copy of the certificate of interment.)
(f) Record of blocks, plots, spaces and niches sold. The Parks and Recreation Director, or his or her designee, shall keep a plat book of the cemetery on which shall be shown all blocks, plots, spaces and niches which are sold or are for sale and a record made of the date, name of purchaser and amount received for each sale. Aforementioned shall also be recorded in the cemetery data base.
(g) Reports. The Parks and Recreation Director shall make financial reports as required on a form developed by the Finance Department. A copy of the receipt and certificate will be provided to the Finance Department.
(C) Handling of cemetery monies. No cash transactions shall occur at the cemetery. All monies due to the city for the sale of burial spaces or cemetery services shall be paid by the person, firm or corporation from whom said. Monies are collected at the Lake Mary Events Center or at Lake Mary City Hall by the city representative.
(D) Lake Mary Cemetery Fund. One hundred percent of all proceeds from the sale of interment rights in burial spaces shall be deposited in a special fund to be known as the “Lake Mary Cemetery Fund.” Proceeds deposited and interest income earned by the fund shall be used for the Lake Mary Cemetery.
(E) Modification of provisions. The City Commission hereby recognizes that cases may arise in which strict enforcement of the provisions of this subchapter may impose unnecessary hardships. Therefore the City Commission delegates authority to the City Manager to make exceptions to the provisions of this subchapter upon a finding by the City Manager that an exception is necessary to prevent hardship.
(Ord. 1391, passed 10-21-10)