(a) Purpose. This indigent burial policy is enacted to comply with the provisions of the 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 the interment or creation of an indigent person who is claimed by an indigent claimant.
(b) Application of Policy.
(1) When the body of a deceased 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 and/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, if:
A. The deceased is determined to be an indigent person; and
B. The deceased was a legal resident of the City of Westlake at the time of death.
(2) If the body is claimed by an indigent person, without undertaking to arrange and pay for private interment, the City shall be liable for the cremation and/or interment expenses, if:
A. The deceased is determined to be an indigent person; and
B. The deceased was a legal resident of the City of Westlake at the time of death; and
C. The claimant is determined to be an indigent claimant.
(3) Blood relatives shall have preferential rights over non-blood relatives to claim the body or remains once cremated of an indigent person.
(4) The Department of Community Services shall make reasonable attempts to locate a blood relative of the indigent person.
(c) Determining Indigence.
(1) “Indigent person” 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.
(2) “Indigent claimant” encompasses individuals who are poor, needy, destitute, or in poverty. The criteria for an indigent determination includes; 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, liabilities and any other relevant considerations concerning the individuals financial condition.
(d) Determining Legal Residency. “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.
(e) Procedure.
(1) Upon finding that the deceased person was a legal resident of the City and an indigent person, and where the indigent person is claimed by an indigent claimant, the Director of Community Services shall authorize the funeral director or other party to cremate the indigent person.
(2) The City shall dispose of the remains of the indigent person by cremation only. The Finance Director is hereby authorized to pay such expenses, upon certification from Director of Community Services and receipt of an invoice or bill from the funeral director.
(3) The cremated remains of the indigent person may be released to the indigent person’s blood relative(s) or friend(s). If the remains are not claimed within seven (7) days, the City may cause the remains to be buried, and the City shall provide at the grave of the indigent person’s cremated remains a stone or concrete marker on which that indigent person’s name and age, if known, and date of death shall be inscribed and the Finance Director is hereby authorized to pay such expenses.
(f) Limitations.
(1) If the body of an indigent person is claimed by blood relative(s) or friend(s) who arrange for the funeral according to their wishes, the City shall not pay all or part of the expenses for the same.
(2) In the event that it is found after cremation of the indigent person and payment of the expenses by the City, that such indigent person 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 by the City of Westlake to recover such costs and expenses as may be authorized by law.
(Ord. 2013-105. Passed 6-20-13.)