(a) Appointment. The Parks and Recreation Director shall also serve as the Cemetery Sexton.
(b) Duties. The Sexton shall have full charge and control of cemeteries.
Under the direction and control of the City Manager [the City Manager shall also serve as the Director of Public Service for the purpose of this chapter and Ohio R.C. Chapter 759], the Sexton shall have full charge and control of, and shall direct all improvements in, the public cemeteries of the City, such as grading, laying out avenues, roadways and grounds, and keeping the same in proper condition, and shall direct the care and culture of trees, shrubbery and flowers, as may be permitted in the cemeteries.
(c) Care of Cemetery Equipment. The Sexton or his or her designee shall at all times be charged with, and have custody and control of, and shall keep in good order and repair, all personal property, tools, implements, supplies, materials and effects of whatever kind or description belonging to said City, and in any way pertaining to the use and management of said cemeteries, and shall be responsible for the proper care, preservation and safe keeping of the same. He or she shall prepare and keep continuously up to date an inventory of all such property.
(d) Extra Labor. The Cemetery Sexton shall be assisted by one full-time maintenance employee working under his or her direction and control to the extent permitted by law, unless otherwise determined by the City Manager or Council. During mowing season, which shall be determined by the Sexton with the approval of the City Manager, the Sexton shall be allowed extra help at such prices per hour or per day as may be fixed by the Council. Extra labor between mowing seasons shall be used on a temporary basis, for opening and closing graves, or for other emergencies. The existence of the emergency condition shall be determined by the Sexton with the approval of the City Manager.
(e) Interments and Disinterments. The Sexton shall have charge and direction of all interments, disinterments or removals of the dead. No dead body shall be removed or disinterred by the Sexton unless upon the written order of the City Manager, and when not forbidden by any proper order of the Board of Health or Health Officer.
(f) Record of Graves and Removals. The Sexton shall keep and maintain a record of the location of all graves and removals as they are made from time to time in various lots in said cemeteries.
(g) Maintenance of Roadways by Operations Department. The Operations Department may maintain present roadways and drives and may provide the labor and material for the construction of new roadways and drives.
(h) Lots, Survey, Plat and Recording. No cemetery lot shall be sold until the ground has been surveyed, platted and recorded in a plat book or data base provided for that purpose and kept in the office accessible to the Sexton.
(i) Sale of Lots. The Sexton or his or her designee shall exhibit the lots for sale to persons desiring to purchase the same, and when a lot or part of a lot is selected, the Sexton shall furnish to the purchaser a cemetery deed information card, signed by the Sexton, stating the section number of the lot, size of parcel and price thereof. When so advised by such card, the City Manager or his or her designee shall arrange for the sale of such lot or parcel, and the terms of payment, and, upon full payment of the purchase price, the City Manager shall execute and deliver to the purchaser a deed therefor.
(j) Payment of Purchase Price. No deed shall be delivered until the entire purchase price has been paid, nor shall a burial permit authorizing burial on such lot be issued until the full purchase price has been paid.
(k) Records of Sales. Duplicate records of all sales and transfers and of the ownership of all lots shall be made, one of which shall be kept in the office of the City Finance Director and the other in the office of the Sexton. The City Finance Director shall promptly report to the Sexton all sales, forfeitures and transfers of lots, to the end that said duplicate records shall correspond.
(l) Transfer of Ownership. No sale or transfer of a lot by a lot owner, except by descent, shall be effective or binding upon said City until the instrument of conveyance thereof shall be presented to the City Finance Director and Sexton for transfer on their records. Transfers by descent may be made by affidavit. A fee of $10.00 shall be charged and paid in advance for making every such transfer.
(m) Contents of Burial Permit. Each burial permit shall specify the number and the name of the owner of the lot upon which such burial is to be made. No burial permit shall be issued for the burial of the body of any person not a member of the immediate family of the owner of the lot upon which burial is proposed to be made, except upon the written consent thereto of such owner, which consent shall be filed and preserved by the Sexton.
(n) Cemetery Lot Rules and Regulations. The Sexton, upon approval of the City Manager, may establish rules and regulations pertaining to the operation of City cemeteries; however, the following rules and regulations shall be adhered to:
(1) A minimum of 48 hours time must be given by the Mortician before burial to all for scheduling of grave opening.
(2) Any work deemed necessary by an outside contractor shall be subject to the approval of the Sexton or his or her designee.
(3) Monument contractors must notify the Sexton or his or her designee prior to completing any foundation work.
(4) The planting of rosebushes, barberry, large shrubbery or evergreens that will outgrow the size of the lot is prohibited. No shrubbery planting shall be permitted on the corners of lots. All shrubbery must be planted in line with the monument. Shrubbery and labor must be furnished by the lot owner, with planting being only upon approval of the Sexton.
(5) No lot may be defined by a fence, coping, edging hedge, embankment, or ditch. Flowers must be planted immediately adjacent to the monument for mowing reasons.
(6) Monuments other than granite, marble or bronze will not be allowed. Wooden or plaster of Paris will not be allowed.
(7) All winter decorations must be removed from the graves by April 1st. All summer decorations must be removed by October 15th. Glass vases and bottles are not permitted.
(8) Any tree, shrub, marker or decoration that becomes unsightly or a detriment to the general appearance of the cemetery grounds or a public nuisance can be removed by the cemetery personnel without any liability on the part of the City of Napoleon or its employees.
(Ord. 10-02. Passed 2-18-02.)