(a) Subject to divisions (b), (d), and (e) of this section, the City Manager shall grant permission to disinter any remains buried in the cemetery in either of the following circumstances:
(1) If the surviving spouse of the decedent is 18 years of age or older, on application of the surviving spouse and payment by the applicant of the costs and expense of disinterment;
(2) On order of a probate court issued of the payment by the person who applied for the order under that division of the costs and expense of disinterment.
(b) No disinterment shall be made pursuant to this section and Ohio R.C. 517.24 if the decedent died of a contagious or infectious disease until a permit has been issued by the Shelby County Board of Health.
(c) Upon disinterment of remains under division (a)(1) or (2) of this section, the City Manager shall cause to be delivered the disinterred remains to the applicant surviving spouse or, if the disinterment was pursuant to court order issued under Ohio R.C. 517.24(B), to the person who applied for the order under that division.
(d) The City Manager or his designee may disinter and, if appropriate, may reinter any remains buried in the cemetery to correct an interment error in the cemetery if the City Manager or his designee provides notice of the disinterment to the decedent’s last known next of kin. The City Manager or his designee may correct an interment error under this division without a court order or an application by a person.
(e) (1) A person who is an interested party and who is 18 years of age or older and of sound mind may apply to the probate court of the county in which the decedent is buried for an order to prevent the decedent's surviving spouse from having the remains of the decedent disinterred. An application to prevent the disinterment of the remains of the decedent shall be in writing, subscribed and verified by oath, and include all of the following:
A. If applicable, a statement that the applicant assumed financial responsibility for the funeral and burial expenses of the decedent;
B. If division (e)(1)A. of this section is inapplicable relative to the applicant, a statement that the applicant did not assume financial responsibility for the funeral and burial expenses of the decedent;
C. A statement that the applicant is 18 years of age or older and of sound mind;
D. The relationship of the applicant to the decedent;
E. A statement of the applicant's reasons to oppose the disinterment of the remains of the decedent.
(2) An applicant for an order to prevent the disinterment of the remains of the decedent under division (e) of this section promptly shall give notice of the filing of the application by certified mail, return receipt requested, to the decedent's surviving spouse. The notice shall indicate that the applicant has filed an application for an order to prevent the disinterment of the remains of the decedent.
(Ord. A-2566. Passed 5-27-08; Ord. A-2657. Passed 9-13-10.)