(A) As used in this section, DISINTERMENT means the recovery of human remains by exhumation, disentombment, or disinurnment. The term does not include the raising and lowering of remains to accommodate two interments within a single grave and does not include the repositioning of an outside burial container and encroaches an adjoining burial space.
(B) Disinterment may be permitted by a surviving spouse of a decedent if the spouse is over 18 years of age and the spouse complies with R.C. § 517.23(A)(1) and R.C. § 517.24, or any subsequent amendment thereto.
(C) Disinterments may be permitted by persons who are 18 years of age or older and of sound mind upon compliance with R.C. § 517.23(A)(2) and R.C. § 517.24(B)(1), or any subsequent amendments thereto, and upon obtaining a court order.
(D) The Village Administrator and Village Cemetery Sexton may disinter or grant permission to disinter and, if appropriate, may reinter or grant permission to reinter any remains buried in the cemetery to correct an interment error in the cemetery if they comply with the internal rules of the cemetery pertaining to disinterments and if they provide notice of the disinterment to the decedent’s last known next of kin. They may correct an interment error under this division without a court order or an application by a person provided:
(1) Notice is given to the decedent’s last known next of kin. Service shall be by personal service, certified mail or by publication. Publication shall comply with Ohio Probate Rule 73(E).
(2) Council confirms the interment error and authorizes the actual interment.
(3) Compliance is made with R.C. § 517.23(D), and any subsequent amendments thereto.
(Ord. 8-2013, passed 6-11-13)