§ 2-616. Sale of interment rights in burial spaces.

(a) Price. The city commission, by adopted Resolution, shall set cemetery fees to fund all, or any portion of the cost, of provision of perpetual care for the municipal cemeteries. Cemetery fees, established by the city commission, shall be automatically adjusted beginning on October 1, 2016 to reflect an increase based on June's annual CPI or two and one-half percent (2.5%), whichever is greater, without further need for commission action.

(b) Acquired rights. No interment rights shall be acquired by the purchaser until the cost of the burial space is fully paid and a deed of conveyance is issued to the purchaser.

(c) Payment by installment agreement. Payment for burial spaces may be made by installment agreement after a minimum down payment of twenty (20) percent and a five (5) percent administrative fee provided that the period of the installment agreement does not exceed twelve (12) months for each space and provided that installment payments shall be due and payable on the twentieth day of the month. If an installment payment remains unpaid for thirty (30) days after the date due, the installment agreement shall be cancelled and the city shall require full payment of the unpaid principal balance and shall so notify the purchaser. Notice by ordinary mail, sent to the purchaser at the last address on file with the city, shall be considered sufficient and proper legal notification. If the balance due remains unpaid for thirty (30) days after such notification, the purchaser shall forfeit his right to the burial space or spaces, and the city shall have the right to offer the space or spaces to the general public for resale. The cemetery administrator shall request that the finance department refund to the purchaser all installment payments paid to the city less one hundred dollars ($100) which shall be retained by the city as an administrative fee.

(d) Reservation of space. A burial space shall not be reserved or held unless a non-refundable deposit of one hundred dollars ($100) has been paid to the city, and no burial space shall be reserved or held for more than thirty (30) days.

(e) Payment prior to interment. No interment shall occur unless the cost of the burial space and other applicable fees have been paid in full except as provided in paragraph (g). All fees shall be paid by 4:00 p.m. on the business day preceding the interment with the following exceptions:

(1) When a request is made after 4:00 p.m. on Friday for interment on Saturday for reasons provided in subsection 2-628(b), the cemetery manager is authorized to accept a check or money order which shall be deposited with the paperwork documenting the transaction in the locked drop-box at city hall for processing by the cashier on the next business day.

(2) When a request is made after 4:00 p.m. on Friday for interment on Monday, all applicable fees may be paid as in paragraph (1) above or on Monday provided that all fees are paid no later than two (2) hours before the interment takes place.

(f) Payment prior to placement of markers. When a burial space has been purchased in advance of need and payment is made by installment agreement, no grave marker or grave decoration shall be placed on the burial space until the cost of the burial space has been paid in full.

(g) Assignment of life insurance proceeds. In cases of extreme financial hardship, the city manager or his designee may authorize the acceptance, in lieu of cash for the purchase of burial space, an assignment of the proceeds of a valid life insurance policy. Before the assignment will be accepted, it must be verified and attested to as valid by the funeral home. In the event that the life insurance policy is invalid or insufficient to cover the cost of the burial space and has been accepted by the city upon the verification and attestation of the funeral home, all costs incurred by the city will be the responsibility of the funeral home. In the event that insurance proceeds are not remitted to the city within six (6) months after the date of the burial, all costs incurred by the city will be the responsibility of the funeral home and the city shall be authorized to take whatever action is necessary to obtain payment for such costs.

(h) Address of lot owner. It shall be the duty of the lot owner to keep the city informed as to his current correct mailing address and the current address of his legal representative if notices are to be sent to that representative. Notices or other correspondence mailed to the address on file with the city for the lot owner or his representative shall constitute actual delivery and notification. It shall be the duty of the lot owner to keep informed of any changes in the rules, regulations or laws governing the operation of the cemeteries.

 

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2011-08, § 1, 4-19-11; Ord. No. 2015-05, § 1, 08-04-15)