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Pursuant to § 10.10 of the City Charter, the city, by this subchapter, provides for the operation, regulation, and maintenance of Fairview Cemetery.
(2011 Code, § 12.20.010) (Ord. 170, passed - -1992)
The City Council shall adopt rules and regulations for the operation of the cemetery. The City Council may, from time to time, adopt new or amended rules as the Council shall deem necessary. All rules shall be adopted by resolution. No such rules shall conflict with this subchapter.
(2011 Code, § 12.20.020) (Ord. 170, passed - -1992)
The City Council shall set all fees and charges related to the function of the cemetery. All such fees and charges shall be established or amended by resolution. In the event that no fee or charge has been established by resolution, then the cost to be paid shall be the actual cost of the city in providing the service requested.
(2011 Code, § 12.20.030) (Ord. 170, passed - -1992)
The following restrictions shall apply to lot and grave space ownership.
(A) All cemetery lots shall be evidenced by a cemetery deed. Such cemetery deeds shall be issued by the City Clerk. The City Clerk shall, upon issuing a cemetery deed, enter into the permanent records of the city the name of the owner as evidenced on the cemetery deed.
(B) Each cemetery deed shall specify the section name, lot number, and grave number to which it applies. More than one parcel may be evidenced by a single deed. Only one deed shall be outstanding for any parcel.
(C) The full name of the owner or owners of a parcel shall appear on the deed. Such name or names shall correspond with those contained in the permanent records of the city as referred to in division (A) above.
(2011 Code, § 12.20.040) (Ord. 170, passed - -1992)
(A) Gravesites may be purchased in cash or on contract.
(B) The required terms and conditions of any contract for purchase shall be established by the City Council by resolution.
(C) The following conditions shall apply to any purchase of gravesites.
(1) Payment shall be made to the City Treasurer. All payments shall be placed in the General Fund of the city.
(2) Any payments required by contract shall be promptly made. Failure to make any payment when due shall result in immediate forfeiture of any rights under the contract and any payments previously made.
(3) No cemetery deed shall be issued until the contract is paid in full.
(4) No burial shall be allowed until the contract is paid in full and a cemetery deed issued.
(2011 Code, § 12.20.050) (Ord. 170, passed - -1992)
(A) Any section, lot, or grave may be transferred.
(B) The following rules shall apply to such transfer.
(1) A transfer of ownership affidavit shall be completed by the current owner. The affidavit shall be signed by the current owner(s), his or her guardian, or his or her personal representative, if deceased. The original cemetery deed shall be attached to the affidavit. These documents shall be submitted to the City Clerk.
(2) The City Clerk shall issue a new cemetery deed or deeds as the situation may require. The permanent records of the city shall be changed to correspond with the transfer.
(3) In the event that the original cemetery deed is lost, the owners of record are deceased, or other complications arise concerning ownership, a transfer of ownership affidavit shall be completed by the person requesting transfer or use of a lot or gravesite. The City Clerk shall review the information presented. The City Clerk may, in his or her sole discretion, either allow a transfer, deny a transfer, or request additional documentation prior to consideration. Should the City Clerk determine that a transfer or a burial is to be allowed, such action shall be final. Ownership shall be changed on the permanent records of the city. No liability for error shall result in personal liability to the City Clerk, the city, or any of the agents, employees, or contractors.
(2011 Code, § 12.20.060) (Ord. 170, passed - -1992)
The following rules shall apply to the care and maintenance of the cemetery.
(A) Care, maintenance, and operation of the city cemetery shall be under the supervision and control of the City Manager and the sexton.
(B) The city reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all graves within the cemetery.
(C) The owner of the grave, or legal representative, may designate at any time, in writing, who is to be buried at the gravesite.
(D) The burial permit shall bear the name of the interred, the location of the gravesite, and any other such information deemed necessary, and shall be signed by the sexton.
(E) Foundations for any heavy materials such as markers, monuments, stones, and the like shall be placed by the sexton.
(1) Orders for foundations shall be submitted to the City Clerk. Fees for services shall be set by resolution of the Council and billed by the Clerk’s office.
(2) The sexton shall order and place all foundations.
(F) The city shall assume no responsibility for errors in opening graves. Orders by morticians for the opening of graves will be considered as orders from lot owners.
(G) All markers, monuments, vaults, or mausoleums are subject to the approval of sexton and the Council and will be removed if not approved by the same.
(2011 Code, § 12.20.070) (Ord. 170, passed - -1992)
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