(a) Purpose. This indigent burial policy is enacted to comply with the provisions of Ohio R.C. 9.15 pertaining to the burial of indigent persons found within the City who are not claimed by any person for private interment or cremation at the person's own expense, or interment or cremation when the body of an indigent person is claimed by an indigent person. The purpose of this policy is to provide for the burial of indigents, or the burial of an indigent person claimed by an indigent person, for reasons of public health and sensibilities.
(b) Application of Policy.
(1) When the body of a dead 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 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 and interment expenses, in the amounts set forth herein, if:
A. The deceased is determined to be an indigent person; and,
B. The person was a legal resident of the City of Marietta at the time of death.
(2) When the body is claimed by an indigent person simply as that of a loved one, without undertaking to arrange and pay for private interment, the City shall be liable for the cremation or interment expenses, in the amounts set forth herein, if:
A. The deceased is determined to be an indigent person; and,
B. The person was a legal resident of the City of Marietta at the time of death; and,
C. The claimant is determined to be an indigent person.
(c) Administration. The Director of Public Safety and Service is hereby appointed as the proper officer of the City, in accordance with Ohio R.C. 9.15, to be responsible for the administration of this indigent burial policy. If the next-of-kin of the deceased are not available or are unknown, the Director of Public Safety and Service shall have the authority to sign all documents necessary for the cremation.
(d) Determining Indigence.
(1) Prior to the cremation authorization the Director of Public Safety and Service shall make reasonable attempt to determine whether the deceased person is in fact indigent and, where the deceased person is claimed by an indigent person, whether the claimant is in fact indigent.
(2) "Indigent decedent" means a person who dies without leaving an ascertainable estate sufficient to pay part or all of the person's burial expenses and whose burial expenses are not payable by the State or County Veteran's Administration. The estate of the decedent shall include, but is not limited to, 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 and liabilities; and any other relevant considerations concerning the financial condition of the individual.
(3) The term "indigent claimant" encompasses individuals who are poor, needy, destitute, or in poverty. The criteria for determining whether an individual is indigent include 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 and liabilities; and any other relevant considerations concerning the financial condition of the individual.
(e) Determining Legal Residency.
(1) Prior to the cremation authorization, the Director of Public Safety and Service shall make reasonable attempt to determine whether the deceased person was a legal resident of the City.
(2) "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.
(3) In cases where the decedent was living in a nursing home or hospital located within the City, legal residency shall mean intent to make the nursing home or hospital a permanent residence.
(f) Policy.
(1) Upon finding that the deceased was a legal resident of the City and an indigent person, and where the deceased person is claimed by an indigent person, that the claimant is indigent, the Director of Public Safety and Service shall authorize the funeral director or other party to cremate the decedent. (Ord. 241(10-11). Passed 9-5-11.)
(2) The City shall dispose of the remains of indigent persons by cremation only. The City shall pay a maximum of Eight Hundred and Fifty dollars ($850.00) for the cremation and interment of the remains of the deceased. Said services shall include transportation of the deceased to the funeral home, necessary supplies and procedures, and a temporary urn for the storage of the deceased's cremated remains. The City may pay an additional sum, not to exceed Two Hundred dollars ($200.00), where the services described herein are performed by a funeral home located outside the City. The Auditor is hereby authorized to pay such expenses, upon certification from the Director of Public Safety and Service and receipt of an invoice or bill from the funeral director.
(Ord. 262(20-21). Passed 9-2-21.)
(3) The cremated remains of the deceased may be released to the decedent's family. If the cremated remains are not claimed, the City may cause the remains to be buried, and the Auditor is hereby authorized to pay such expenses, upon certification by the Director of Public Safety and Service and receipt of an invoice or bill for the burial.
(4) The City shall also provide at the grave of the person's cremated remains, if such remains are buried, a stone or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.
(g) Limitations.
(1) If the body of an indigent person is claimed by relatives or friends who arrange for the funeral according to their wishes, the City shall not pay all or any part of the expenses for the same.
(2) The City's Indigent Burial Policy is not supplemental. The funeral director of funeral home personnel shall not ask for nor accept any funds above the amounts set forth herein. Upon completion of the cremation, the funeral director shall submit an itemized bill to the Director of Public Safety and Service containing the following information:
A. Name and age of the deceased;
B. Place of burial;
C. Services performed;
D. Total costs of services;
E. Amount received from other sources; and,
F. Amount due from the City.
(3) The funeral director or funeral home shall reduce the cost to the City by the amount of funds received from any other source. If additional funds are paid to the funeral director or funeral home after the City has paid as herein provided, the City shall be refunded the exact amount of the additional funds paid to the funeral director or funeral home within thirty days (30) days of the receipt thereof. The funeral director shall submit a notarized statement to the Director of Public Safety and Service indicating his understanding and compliance with the provisions of this Policy.
(4) In the event that it is found after the cremation of the deceased and payment of the cremation and/or burial expenses by the City, that such indigent decedent and/or indigent claimant had means, assets, insurance or other benefits or allowances available for the payment of all or part of such expenses, such proceedings may be taken to recover such costs and expenses as my be authorized by law.
(Ord. 241(10-11). Passed 9-5-11.)