There is hereby established an indigent burial policy to comply with the provisions of the Ohio Revised Code Section 5101.521 pertaining to the burial of indigent persons found within the City of Moraine:
The City Manager or his designee shall be responsible for the indigent burial program which shall be as follows:
(a) The City shall dispose of the remains of the deceased by cremation only.
(b) If the next of kin of the deceased are not available or are unknown the City Manager or his designee shall have the authority to sign all documents necessary for the cremation of the deceased body.
(c) Prior to the cremation authorization, the City shall make reasonable attempt to determine whether or not the deceased person is in fact indigent as follows:
The term “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, except that decedents who earned greater than 125% of the federal poverty guidelines in the previous 12 months shall be excluded from this program. The estate of the decedent shall include but not be 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 decedent.
(d) The City shall pay a maximum of eight hundred dollars ($800) for the cremation and inurnment of the remains of the indigent person. Said services shall include necessary supplies and procedures and provide a temporary urn for the storage of the deceased cremated remains. The cremated remains of the deceased shall be released to the decedent’s family if the remains are claimed by a family member within ten (10) days. If the remains are unclaimed, they shall be permanently stored by the Funeral Home in an approved facility. The City shall ensure that a death notice is published in the Dayton Daily News.
(e) The Funeral Home shall reduce the above cost to the City by the amount of any funds received by the Funeral Home from the deceased’s family or any other source. If additional funds are paid to the funeral home, and the City has paid as herein provided, the funeral home shall refund to the City the exact amount of additional funds paid to the funeral home within thirty days of the receipt thereof by the Funeral Home.
(f) In the performance of services under this policy, the funeral home shall comply with all statutes, ordinances, regulations, and rules of the Federal Government, the State, the County and the City which are applicable. City notices, approvals, authorizations, waivers, instructions, or any other matters required to be executed by the City shall be effective only when given in writing and signed by the City Manager or his authorized representative.
(g) During the performance of its duties and responsibilities of this Policy, the Funeral Home agrees that in the hiring of employees for the performance of work under this Policy, the Funeral Home shall not by reason of race, color, religion, sex, age, handicap, national origin or ancestry, discriminate against any citizen in the employment of a person qualified and available to perform work to which this agreement relates in violation of any federal, state or City Law or ordinance.
(Ord. 1554-04. Passed 10-28-04.)