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HomeMy WebLinkAbout3384 Ordinance f T ORDINANCE NO. 3384 AN ORDINANCE AMENDING CHAPTER 2.48 OF THE PASCO MUNICIPAL CODE CONCERNING CITY VIEW CEMETERY AND SETTING FEES. WHEREAS, the City Council of the City of Pasco, Washington, has determined certain amendments to the regulations governing City View Cemetery, including fee increases are warranted; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2.48 of the Pasco Municipal Code is hereby amended as shown by the deletions made by interlineation and additions shown by underlining as follows: CHAPTER 2.48 CITY VIEW CEMETERY Sections: 2.48.010 Cemetery established. 2.48.020 Definitions. 2.48.030 Separate sections for organizations. 2.48.040 City manager responsibilities. 2.48.050 City manager delegation of responsibility. 2.48.055 Conduct of persons within the cemetery. 2.48.060 Floral regulations. 2.48.070 Trees, plants, shrubs and monument regulations. 2.48.075 Monument regUlations. 2.48.080 Certain ornaments prohibited. 2.48.090 Endowment care - General. 2.48.100 Eligibility for endowment care. 2.48.110 Endowment care required on unsold lots. 2.48.120 Endowment care - Records. 2.48.130 Sale of lots - Records. 2.48.135 Transfer or assignments of lots or niches_ 2.48.140 Payment for lots and niches. 2.48.145 Bu, -backs of lots, niches or services. 2.48.150 Burial classification. 2.48.160 Burials - General. 2.48.170 Burials - Holiday. 2.48.180 Charges for lots. 2.48.185 Charges for niches. 2.48.190 Charges for endowment care - Use of proceeds. i t• , 2.48.200 Charges for burials. 2.48.210 Charges for concrete liners and concrete grave boxes. 2.48.220 Charges for concrete markers. (Repealed). 2.48.230 Charges for setting permanent monuments. 2.48.240 Charges for permanent vases. 2.48.245 Charges for disinterment. 2.48.250 Liability. 2.48.260 Orders given by telephone. 2.48.270 Errors may be corrected. 2.48.280 Permission to remove remains. 2.48.290 Exceptions. 2.48.300 Care in removal - City not liable for damages. 2.48.010 CEMETERY ESTABLISHED. The tender of the tract of land dedicated by Franklin Lodge No. 60 Knights of Pythias, known as the City View Cemetery, is accepted and the same shall hereafter continue to be know as the City View Cemetery. (Ord. 1323 Sec. 1, 1968.) 2.418.020 DEFINITIONS. y(�x " single BLOCK" and "SECTION" mean and refer to tracts larger than lots with areas as defined on the official plat of the cemetery. fe4 b� "BURIAL" means the activities associated with opening a lot for the interment of a deceased person and its subsequent closing. (c) "INTERMENT" means the disposition of human remains or cremains by burial. (d) "LOT" means an area of land occupied by a single adult grave or a tract approximately nine feet long and three feet wide. e "NICHE" means a space in a columbarium used or intended to be used for placement of cremated human remains. "NICHE BURIAL" means the activities associated with opening a niche for the placement of the cremated remains of a deceased person and its subsequent closing. "URN BURIAL" means the activities associated with opening a lot for the interment of the cremated remains of a deceased person and its subsequent closing. (Ord. 1459 Sec. 1, 1971.) 2.48.030 SEPARATE SECTIONS FOR ORGANIZATIONS. The city council may, from time to time, set apart certain sections of the cemetery for the exclusive use of any religious or fraternal organizations as it may deem proper and expedient, and make such regulations concerning the use and care of same as may be proper and necessary. (Ord. 1459 Sec. 2, 1971.) 2 2.48.040 CITY MANAGER RESPONSIBILITIES. The city manager shall be responsible for the operation of the cemetery. The city manager shall have full supervision, charge and control of the City View Cemetery, and particularly, all matters pertaining to the maintaining thereof, burials, setting and placing of all monuments and markers, the care of lots in the cemetery, and the seeding of grass in all parts of the cemetery entitled to endowment care. He shall also do such other things in reference to the cemetery as may be required. He may, in his discretion, keep the cemetery closed to vehicular traffic at such times as in his judgment it may be deemed best from the standpoint of the upkeep of the road and driveways therein. (Ord. 1459 Sec. 3, 1971.) 2.48.050 CITY MANAGER DELEGATION OF RESPONSIBILITY. The city manager may assign personnel to the cemetery to carry out the provisions in this chapter. The city manager may appoint a supervisor who may have free use of the buildings on said cemetery grounds, and he shall receive such monthly salary as is fixed by budget. (Ord. 1459 Sec. 4, 1971.) 2.48.055 CONDUCT OF PERSONS WITHIN THE CEMETERY. All persons are prohibited from_gathering flowers within the cemetery grounds, either wild or cultivated, or breaking trees shrubbery or plants. With the exception of Cemetery personnel it shall be unlawful for any person to remove flowers or an other decoration from gny grave, niche or memorial except with permission of the person who originally place such decoration. 2.48.060 FLORAL REGULATIONS. The city shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in judgment of the management, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards maintained. The city shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces are attached. The city reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or plants, or herbage of any kind, unless it gives its consent. All flowers not in permanent vases will be removed the first of each week through the mowing season except Memorial Day weekend. No more than two containers which have not been approved by the management shall be permitted on each lot at any time except Memorial Day weekend. All temporary containers, and floral frames not called for by those lawfully entitled to them within five days after removal by the city, may be disposed of by the city in any manner it sees fit. (Ord. 1459 Sec. 5, 1971.) 2.48.070 TREES, PLANTS, SHRUBS AND MONUMENT REGULATIONS. ATIONS. No trees, plants or shrubs shall hereafter be set in the cemetery except when with prior approval and under the immediate supervision of the city. 3 2.48.075 MONUMENT REGULATIONS. All grave stones and monument bases shall be of granite, marble, limestone, or other approved stone and shall be set in a foundation of concrete. No concrete or other similar material shall be permitted above ground level. All stones and monuments shall be set flush with the ground in Blocks 4, 5, 12 and 13 and in all sections of the Cemeterry developed after January 1, 2000. Upright monuments will be permitted in all other blocks. With the exception of multiple part monuments installed by authorized vendors no monuments, markers or grave stones shall be placed in said cemetery except by cemetery personnel. (Ord. 1459 Sec. 6, 1971.) 2.48.080 CERTAIN ORNAMENTS PROHIBITED. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron cases, and similar articles, upon lots and around columbariums shall not be permitted, and, if so placed, the city may remove the same. (Ord. 1459 Sec. 7, 1971.) 2.48.090 ENDOWMENT CARE - GENERAL. The obligation to be assumed by the city for endowment care is declared to be the following: To irrigate the lots, to seed the lots and keep the area green and neatly mown; To trim and prune the flowers and shrubbery permitted to grow on said lots under the terms of this chapter; and to fill in and keep the general level of such lots as they may sink in or cave in. The city shall not be obligated from the revenue from endowment care to proceed with burials, erect any head or foot stones or monuments, or replace any flowers or shrubbery which shall die or become killed through no fault of the city. (Ord. 1459 Sec. 8, 1971.) 2.48.100 ELIGIBILITY FOR ENDOWMENT CARE. All lands included in and comprising City View Cemetery be and the same are declared eligible for endowment care by the city. (Ord. 1459 Sec. 9, 971.) 2.48.110 ENDOWMENT CARE REQUIRED ON UNSOLD LOTS AND NICHES. All unsold lots, niches blocks, or parts thereof in City View Cemetery may be and are withdrawn from general sale and the same are reserved for sale exclusively to purchasers buying same with provision for the endowment care thereof by the city. (Ord. 1459 Sec. 10, 1971.) 2.48.120 ENDOWMENT CARE - RECORDS. The city shall keep a book which shall be well-bound and properly indexed, in which shall, upon the payment into the City View Cemetery trust fund as herein provided, be kept a record of the description of such lots, or fractions thereof and niches as are entitled to endowment care under the provisions of this chapter. (Ord. 1459 Sec. 11, 1971.) 4 2.48.130 SALE OF LOTS - RECORDS. The city shall keep a complete record of all lots and niches sold, to whom sold, whether endowment care or non endowment care is provided, and issue certificates or deeds of sale upon payment of the price thereof, together with all other charges. The city shall properly describe the property sold by lot or tract, both in such certificate and upon the record to be kept, and in case the sale is made to the county or other corporation, shall require that vouchers be filed for the collection of such charges and shall prepare such voucher and make collections of the amount due. (Ord. 1459 Sec. 12, 1971.) 2.48.135 TRANSFER OR ASSIGNMENTS OF LOTS OR NICHES. No transfer or assignment of any lot or niche or interest therein shall be valid until the consent of the City has been endorsed thereon and the same has been recorded on the books of the City. The City may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due to the City from the record owner. 2.48.140 PAYMENT FOR LOTS AND NICHES. All lots must be paid for in cash, either at the time the lot 1s sold of sale or before burial; provided, however, upon application made to the city, lots or niches may be sold on time, not exceeding twelve months; provided, that the purchaser thereof shall make a cash down payment of no less than one-third of the total purchase price and shall give a note therefor, payable to the city, and running for a period of not more than twelve months, with sureties to be approved by the city. Such note at the time of sale, and the execution thereof, shall be filed with the city manager or his designee for collection. Failure to pay the note and the contract on a regular and consistent basis shall make the total callable. Interest shall be charged at the rate of one percent per month on all accounts not paid in full within sixty days of purchase. (Ord. 2420 Sec. 1, 1982; Ord. 2398 Sec. 1, 1982; Ord. 1459 Sec. 13, 1971.) 2.48.145 BUY-BACKS OF LOTS NICHES OR SERVICES. At its sole discretion. the City may choose to repurchase lots niches or services which were purchased and not utilized In the event it so elects the City shall buy back from the purchaser the lot niche or endowment care fee at the rate of 50% of the original lot niche and endowment care price and 100% of the services price previously paid. 2.48.150 BURIAL CLASSIFICATION. Burials shall be classified as follows: Baby: persons under three years of age; Juvenile: persons from three to ten years of age, inclusive; Adult: persons over ten years of age; Urns: cremated remains. Urn./Grave: cremated remains (Urn burials may be allowed on individual lots designated for that purpose or in a grave 5 with one body with the consent of the owner or ggar dian provided proper identification is made of such interments on one regulation monument). Niche: cremated remains in columbarium. (Ord. 1459 Sec. 14, 1971.) 2.48.160 BURIALS - GENERAL. All burials will be scheduled to give cemetery personnel at least one hour to transfer equipment to the subsequent burial. Saturday or Monday morning burials will be permitted only if arrangements are made before noon on the previous Friday. In the event a burial is scheduled on Saturday and other than between eight a.m. and five p.m., Monday through Friday, a charge of Two Hundred Seventy Five Dollars ($275.00) in addition to all other charges shall be made. (Ord. 3263 Sec. 1, 1997; Ord. 2847 Sec. 1, 1991; Ord. 1914 Sec. 1, 1977; Ord. 1459 Sec. 15, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.170 BURIALS - HOLIDAY. No interments, disinterments, removals, cremation or interment service shall be permitted on Sundays, or on any city recognized holiday; without special written permission of the City and a charge of Four Hundred Seventy-Five Dollars ($475.00) in addition to all other charges shall be made. When any of the aforementioned holidays fall or are legally observed on a Friday or Monday, burials must be arranged no later than twelve noon on the last business day preceding the holiday. (Ord. 3263 Sec. 2, 1997; Ord. 1914 Sec. 2, 1977; Ord. 1459 Sec. 16, 1971.) 2.48.180 CHARGES FOR LOTS. The cost of all lots shall be as follows, exclusive of endowment care: Baby ............. $100.00 200.00 Adult & Juvenile.. 500.00 550.00 Urn............... 150.00 300.00 Urn (on existing_grave) 50.00 (Ord. 3263 Sec. 3, 1997; Ord. 2847 Sec. 2, 1991; Ord. 1914 Sec. 3 1977; Ord. 1742 Sec. 1, 1975; Ord. 1459 Sec. 17, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.185 CHARGES FOR NICHES. The cost of niches shall be as follows exclusive of endowment care. Niche $800.00 2.48.190 CHARGES FOR ENDOWMENT CARE - USE OF PROCEEDS. (a) The charge for endowment care shall be as follows: 30% of the cost of each lot or niche. B ............. $ 5n nn Adult & i, Q-111... 100" � 6 (b) Any and all such sums shall be paid directly to the city and held in the City View Cemetery trust fund; (c) The city obligates and binds itself to safely keep the moneys paid to said fund; to invest the same so as to bring the largest amount of income that can safely be realized thereon; and to use the income so realized in caring for, maintaining and beautifying the lots and graves thereon, in the manner herein specified. (Ord. 3263 Sec. 4, 1997; Ord. 2847 Sec. 3, 1991; Ord. 1914 Sec. 4, 1977; Ord. 1742 Sec. 2, 1975; Ord. 1459 Sec. 18, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.200 CHARGES FOR BURIALS. All lots must be opened and closed by city personnel, or under the immediate supervision of city personnel. All burial prices shall include temporary markers which shall be laced by Cijy personnel immediately following burial. Such marker shall remain the property of the City. The charges for burials shall be as follows: Baby ............. $100.00 200.00 Adult & Juvenile... 400.00 450.00 Urn................ 100.00 150.00 Niche 100.00 (Ord. 3263 Sec. 5, 1997; Ord. 2847 Sec. 4, 1991; Ord. 1914 Sec. 5, 1977; Ord. 1742 Sec. 3, 1975; Ord. 1459 Sec. 19, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.210 CHARGES FOR CONCRETE LINERS AND CONCRETE GRAVE BOXES. A concrete liner, or its equivalent, must be provided at the time of burial. The city manager, or his designee, will determine what is equivalent to a concrete grave box, and his determination shall be final. Concrete liners and concrete grave boxes may be provided by the city. The charge for concrete liners and concrete grave boxes shall be as follows, plus tax: Baby liners ......................... $ 150.00 Adult & Juvenile liners................ 400.00 Urn.................................... 100.00 (Ord. 3263 Sec. 6, 1997; Ord. 2847 Sec. 5, 1991; Ord. 1914 Sec. 6, 1977; Ord. 1742 Sec. 4, 1975; Ord. 1611 Sec. 1, 1973; Ord. 1459 Sec. 20, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.220 CHARGES FOR CONCRETE MARKERS. subsequent to burial a eanerete mar4er- shall be plaeod by the eity personnel. , ev,-aership shall remain with th@ eity Repealed. (Ord. 3263 Sec. 7, 1998; Ord. 1914 Sec 7, 1977; Ord. 1459 Sec. 21, 1971.) 2.48.230 CHARGES FOR SELLING PERMANENT MONUMENTS. City personnel shall set all permanent monuments. The charge for memerial monuments settings shall be as follows: 7 Veterans' n o-r a monument.....$125.00 2' X 1' approximately......125.00 3' X 1' approximately .....150.00 4' X 1' approximately .....165.00 5' X 1' approximately......175.00 6' X 1' approximately......200.00 Larger size faemorial& monument will be charge proportionately. (Ord. 3263 Sec. 8, 1997; Ord. 2847 Sec. 6, 1991; Ord. 1914 Sec. 8, 1977; Ord. 1742 Sec. 5, 1975; Ord. 1459 Sec. 22, 1971; Ord. 2552 Sec. 17, 1985.) 2.48.240 CHARGES FOR PERMANENT VASES. Charges for the setting of permanent vases as approved by the city shall be Twenty Five Dollars ($25.00) each. (Ord. 3263 Sec. 9, 1997; Ord. 1914 Sec. 9, 1977; Ord. 1459 Sec. 23, 1971.) 2.48.245 CHARGES FOR DISINTERMENT. Bab 200.00 Adult and Juvenile. 450.00 Urn. 150.00 Niche...... ..... 50.00 .... Charges for disinterments do not include removal of liners or vaults. 2.48.250 LIABILITY. The city shall not be liable for lost misplaced or broken flower vases; for plants, herbage or plantings of any kind; nor for markers, memer-ial& monuments or permanent vases damaged by the elements, thieves, vandals or by any other cause beyond its control. (Ord. 1459 Sec. 24, 1971.) 2.48.260 ORDERS GIVEN BY TELEPHONE. The city shall not be held responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a lot, niche or section where interment is desired. (Ord. 1459 Sec. 25, 1971.) 2.48.270 ERRORS MAY BE CORRECTED. The city reserves, and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any lot or niche, either by canceling such conveyance and substituting any conveying in lieu thereof another lot of equal value and similar location as far as possible, or as may be selected by the city; or in the sole discretion of the city, by refunding the amount of money paid on account of the purchase. In the event the error involves the interment of the remains of any person in such property the city reserves and has the right to remove and reenter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The city shall exercise due care in making any disinterment and removal, but it shall 8 assume no liability for damage to any casket, burial case, urn or contents thereof incurred in making the disinterment and removal. (Ord. 1459 Sec. 26, 1971.) 2.48.280 PERMISSION TO REMOVE REMAINS. The remains of a deceased person mgy be disinterred from a lot or niche with the consent of the City and the written consent of one of the following in the order named: (a) The surviving spouse; or b The surviving children of the decedent: or c The surviving parents of the decedent, d The surviving brothers and sisters of the decedent. If the required consent cannot be obtained, permission by the Superior Court of Franklin County is sufficient: PROVIDED that the permission shall not violate the terms of a written contract or the rules and regulations of the cemetery. 2.48.290 EXCEPTIONS Section 2 48 280 does not apply to or prohibit the removal of any remains from one lot to another within the cemetery or the removal of remains by the City from a lot or niche for which the purchase rice is pas due and unpaid, to some other suitable lace; not do they app 1 to the disinterment of remains upon order of court or coroner. 2.48.300 CARE IN REMOVAL - CITY NOT LIABLE FOR DAMAGES. The City_ shall exercise due care in making a disinterment and removal, but it shall assume not liability for damage to any casket or burial case incurred in making the disinterment and removal. Section 2. This ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington, at a regular meeting this 1St day of November, 1999. lop Charles D. Kilbu*Z7 ATTEST: APPROVED AS TO FORM: T Catherine D. Seaman, Leland B. Kerr, City Attorney Deputy City Clerk 9