§ 2-645. Notice of noncompliance with rules and regulations.

(a) If a grave site is determined to be in violation of the rules and regulations of the cemetery, the cemetery manager shall place upon the grave site a flag or other marker that will serve as notification of the violation. If the violation is not corrected within thirty (30) days of flagging or marking the grave site, the cemetery manager shall remove the item(s) that are determined to be in violation of the rules and regulations at no risk to the city. Concurrent with the marking of the grave, the cemetery administrator shall forward written notice of the violation to the address on file with the city for the lot owner or his representative. If there is no address on file with the city, flagging or marking the grave site shall be the only notice required. Second and subsequent violations of the same rule or regulation shall not require notice, and the cemetery manager shall immediately remove the item(s) that are determined to be in violation at no risk to the city.

(b) With the exception of plantings, items removed from a grave site for violation of rules and regulations shall be placed in a bag that is sealed and labeled with the name of the deceased, the location of the grave site, and the date of removal from the grave site. The bag shall be stored by the city for a period of twelve (12) months. After the expiration of twelve (12) months, unclaimed bags shall be disposed of by the city. The city shall bear no liability for items so disposed.

(c) Trees, shrubs, or other plantings removed from a grave site may be transplanted to a common area of the cemetery or discarded, whichever is most appropriate.

(d) The cemetery manager shall maintain a record that lists items removed from a grave site, the name of the deceased, the location of the grave site, the date of removal from the grave site, the date claimed by the family or the date of disposal by the city, if applicable.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2010-04, § 1, 3-16-10)