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HomeMy WebLinkAbout2017-026 Tahoma Cemetery Administrative Procedures; YMC Amendment 7.04ORDINANCE NO. 2017-026 ORDINANCE relating to Public Services and Utilities; amending section 7.04 of the Yakima Municipal Code; prescribing penalties; updating administrative and recordkeeping procedures, liner size availability, fee structure, available services, and other housekeeping measures BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.04 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.04.010 Establishment. Hereafter the city cemetery and all additions made thereto shall be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the City Council said cemetery is referred to as the "city cemetery" or by any other name or designation such reference shall relate to Tahoma Cemetery. (Ord. 2010-51 § 1 (part), 2010: Ord. A-252 § 1, 1917). 7.04.050 Operation and management of cemetery. The City Manager shall, subject to the approval of the City Council, make rules governing and concerning Tahoma Cemetery as may be required for the proper operation and management of the cemetery. The City Manager shall, subject to the approval of the City Council, fix the schedule of prices to be charged and collected for all Tots in the cemetery and for any services rendered by the employees of the city cemetery. The rules and the schedule of prices shall be printed for free distribution. (Ord. 2010-51 § 1 (part), 2010: Ord. A-252 § 2, 1917). 7.04.070 Fees—Cemetery fund. All fees and charges collected or received by employees of the city cemetery shall be turned over to the City Treasurer and placed in the cemetery fund of the city, except where directed to go into some other fund of the City by law or ordinance. (Ord. 2010-51 § 1 (part), 2010: Ord. A-252 § 3, 1917). 7.04.080 Procedure for purchase of block in cemetery. With the exception of the Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, a person shall make all payments required by this chapter before occupying any part of Tahoma Cemetery. The cemetery staff, upon receiving all required payments, shall issue (1) a sales agreement containing a correct description of the cemetery block or part thereof, the name of the purchaser, and the date of the purchase, (2) a grave use permit to the purchaser for the cemetery block or part thereof described in the sales agreement, and (3) an endowment care agreement. The sales agreement must be approved and signed by the Public Works Director and the Parks and Recreation Manager. The signature of the Public Works Director and the Parks and Recreation Manager shall be notarized. The grave use permit shall recite that it is accepted by the grantee named therein subject to all rules or regulations lawfully imposed for the regulation and management of the cemetery. The grave use permit shall grant the purchaser and the purchaser's heirs, executors, administrators and assigns the right to use the cemetery block or part thereof for the purpose of interring human remains. The City Manager or the City Manager's designee shall execute the grave use permit and the endowment care agreement. The execution of the grave use permit and the endowment care agreement shall be notarized. No sale, transfer or assignment of any block or part thereof or any interest therein shall be valid without the consent of the City Manager or the City Manager's designee endorsed in writing thereon. The cemetery staff shall keep records of the sales agreement, grave use permit, endowment care agreement, and of any other business transacted by or on account of the cemetery, as may be prescribed by the City Manager subject to the approval of the City Council. (Ord. 2010-51 § 1 (part), 2010: Ord. 2003-76 § 1, 2003: Ord. 2003-51 § 1, 2003: Ord. 3040 § 1, 1987: Ord. A-252 § 4, 1917: Ord. B-229, 1937). 7.04.090 Rules. Following are the rules, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" means an outside measurement of approximately thirty-three by eighty-nine inches. "Undersized" means an outside measurement less than thirty-three by eighty-nine inches. "Oversized" means an outside measurement greater than thirty-three by eighty-nine inches. B. Commencing October 8, 2017, the following schedule of fees and charges shall be in effect and applicable at Tahoma Cemetery. With the exception of the Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, all fees and charges shall be paid in advance unless otherwise provided. Cemetery Lot Use Fee Section A Section B Section C Section D Section E Section E (lots 24 and 25) Section F Section G Section H $703.00 $703.00 $703.00 $865.00 $800.00 $320.00 $703.00 $703.00 $703.00 Section 1 $703.00 Section J $703.00 Section K $703.00 Section L $693.00 Section M (flat marker graves) Section M (upright marker graves) City section $703.00 F & AM section (Masonic) $703.00 1.O.O.F. section $703.00 Baby section (Undersized liner) Individual veteran (all sections) Above prices include mandatory endowment care fee. $834.00 $892.00 $291.00 $598.00 Colum barium Niche $964.00 Above prices include mandatory endowment care fee. Mausoleum Niches Niche, marble front (12" x $727.00 12") Niche, glass front (18" x $748.00 20") Niche, glass front (40" x $916.00 22") Niche, glass front (46" x $980.00 40") Above prices include mandatory endowment care fee. Opening and Closing Graves Regular liner $578.00 Oversized liner $673.00 Undersized liner $213.00 Cremains $271.00 Mausoleum crypts $525.00 Niches $242.00 Liners Regular liner $578.00 Oversized liner $769.00 Undersized liner $223.00 Cremains urn vault $289.00 (plus Washington State sales tax) Monument Settings Government marker (veteran) Veteran's bronze marker on $348.00 granite 24" x 36" base Flat marker, 12" x up to 24" $251.00 Flat marker, 12" x 25"-36" $289.00 Flat marker, 12" x 37"-48" $464.00 Flat marker, 12" x 49"-60" $638.00 Flat marker, 12" x 61"-72" $813.00 Upright marker, 12" x up to $289.00 24" Upright marker, 12" x 25"- 36" Upright marker, 12" x 37"- 48" Upright marker, 12" x 49"- 60" Upright marker, 12" x 61"- 70" Each additional inch, either way Galvanized vase $21.00 $242.00 $385.00 $642.00 $905.00 $1,166.00 $24.00 Aeon vase $78.00 Galvanized vase setting with marker Aeon vase setting with marker Aeon vase setting in granite border $21.00 $39.00 $192.00 Galvanized insert $21.00 Reset markers 12 -inch marker (cremains only) 16 -inch marker (cremains and baby lots only) Urn/marker combination $409.00 (plus Washington State sales tax) Setting fee + $75.00 cleanup charge $126.00 $193.00 Incidental Charges Disinterment, Regular or Oversized (does not include opening and closing of new grave) Disinterment, Undersized (does not include opening and closing of new grave) Disinterment, cremains (does not include opening and closing of new grave) Grave use permit transfer processing fee Historic register copy Saturday burial—Standard Saturday burial—Cremains Overtime charge $867.00* $482.00* $338.00* $36.00 $13.00 $430.00** $289.00*** $72.00**** * Depending on degree of difficulty, an additional charge of up to $637.00 may be determined by the Parks and Recreation Manager or appointee. ** Includes up to six staff hours total and two staff members. *** Includes up to three staff hours total and one staff member. **** Charged per additional staff hour incurred by the City due to services rendered outside normal business hours. C. Chapel service may not be scheduled to start on weekdays after 3:00 p.m. Graveside service may not be scheduled to start on weekdays after 3:30 p.m. Chapel service may not be scheduled to start on Saturdays after 11:00 a.m. Graveside service may not be scheduled to start on Saturdays after 11:30 a.m. Interments and disinterments may not take place on Sundays, public holidays as defined in YMC 9.10.060, or Saturdays after 12:00 p.m., except in cases of emergency as determined by the Parks and Recreation Manager or appointee. D. If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at the time of his or her death: aid to families with dependent children, general assistance, or poverty -related veterans' benefits, the cemetery charges will be fifty percent of the normal charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees. The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites. Indigent burials will be allowed Monday through Friday only, unless by special permission of the Parks and Recreation Manager or appointee. E. All graves shall be numbered with a permanent number. The cemetery staff shall keep an accurate record of the name of the decedent and the number of the grave. F. A maximum of four cremains may be placed on an occupied full-size lot with the proper notarized authorizations from the lot owner or the next of kin. A maximum of six cremains may be placed on an unoccupied full-size lot. Full-size lots may not be divided and sold as individual cremains lots by a private owner. G. A person may not bring a dog into Tahoma Cemetery. A person violating this section is subject to a penalty of one hundred dollars. H. The speed limit for vehicular traffic within the cemetery is fifteen miles per hour. Violation of this section is a civil infraction and shall be enforced in accordance with city and state law. I. Notification of and payment for interment or disinterment must be received by the cemetery office at least one business day in advance of such interment or disinterment. The cemetery staff may limit the number of services scheduled on any given day. The cemetery staff may require services to be rescheduled if the service was published prior to receipt of notification. The purpose of this section is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. J. The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. K. The cemetery staff may correct any errors related to interments, disinterments, the description of a cemetery block or part thereof, or the conveyance of a cemetery block or part thereof. The cemetery staff may select, substitute, and convey other cemetery property of equal value and similar location or refund the purchaser. The cemetery staff may remove and reinter remains to such substituted property. L. All interments must be made in cement liners, cremains liners, or steel liners. All liners shall be made according to specifications designated by the Parks and Recreation Manager or appointee. The Funeral Director shall determine the size of grave liner to use in all cases. M. No grave shall be opened or closed by anyone other than employees of the City of Yakima. N. A tomb or personal mausoleum may not be erected on top of the ground. A marker may not be placed on a gravesite until all marker setting fees are paid in full. A marker may not be placed at a pre -need gravesite until the gravesite and marker setting fee are paid in full. 0. Foundations for all markers and vases shall be built by the City of Yakima or an approved vendor, at the expense of the owner. All foundations must have a three to six inch wide border around the base of the marker. The border must have a depth of four to six inches. The foundation must be flush with the ground level. All marker bases must be made of granite or marble. No sandstone or artificial base will be permitted. P. All markers must be set in line according to the cemetery survey except on the tracts of irregular shape; markers in the west row of each block must face west, markers in the east row of each block must face east, all markers in Section M must face east. The Parks and Recreation Manager or appointee shall determine the setting of markers on the tracts of irregular shape. Q. In Section M, upright markers are only permitted in Block 69, Block 58 and all blocks north thereof, Block 285 and all blocks east thereof, and Block 274 and all blocks northeast thereof. R. All markers placed in Section L, in the Masonic baby plot, and in that part of Section E lying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground. S. Markers for single full-size graves may not exceed twenty-four inches in length and twelve inches in width. Double markers for two full-size graves may not exceed thirty-six inches in length and twelve inches in width except in Section M double markers may not exceed sixty inches in length and twelve inches in width. Larger markers may be allowed with prior approval by the Parks and Recreation Manager or appointee. Markers for single cremains graves may not exceed twenty-four inches in length and twelve inches in width. Double markers for two cremains graves may not exceed twenty-four inches in length and twelve inches in width. Ledger -type markers will not be allowed in the cemetery except ledger -type markers presently existing in the cemetery. Flat markers shall be set flush with the ground. T. Care and maintenance of a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the City of Yakima are not responsible for damage to markers that is caused by weather or by the actions of persons not employed by the City of Yakima. U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and the Parks and Recreation Manager or appointee shall remove all landscape features determined to be objectionable. If trees or shrubs in any lot become detrimental to adjacent lots or avenues in the judgment of the Parks and Recreation Manager or appointee, they shall be removed. V. Coping, fences, posts, and chains, and all wooden structures around lots, blocks, or graves are prohibited. W. Any inscription, marker, effigy or other structure which the Parks and Recreation Manager or appointee deems offensive or improper shall be removed upon order of the Parks and Recreation Manager or appointee. X. Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the Parks and Recreation Manager or appointee. The City is not responsible for damage to or theft of cut flowers, potted plants, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. Y. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces, stones, rocks, and foreign objects will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. Z. Receptacles for cut flowers must be sunk level with the ground. Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the Parks and Recreation Manager or appointee. AA. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the Parks and Recreation Manager. A person may not interfere with the performance of duties of any employee or groundskeeper. BB. Lost and found articles shall be turned in to the Tahoma Cemetery office. CC. A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. DD. As provided for by this chapter, a person may transfer or assign that person's block or a part thereof to another person provided that a record of the transfer or assignment is noted on the cemetery records. The cemetery staff shall keep a copy of the transaction in the cemetery office. EE. The Parks and Recreation Manager or appointee shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any provision of this chapter. FF. Endowment care lots, pre -need arrangements or a combination of both may be purchased on installment contracts in the form provided by the City of Yakima. No lot(s) or service(s) may be used until property fees and service fees are paid in full. No monument(s) may be placed until monument setting fees are paid in full. GG. All contracts require a ten percent down payment with an appropriate payment schedule designated. Contracts for endowment care lots shall require payment in full within twelve months. A combined contract for an endowment care lot and pre -need services shall require payment in full within thirty-six months. Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance. The cemetery staff shall mail a grave use permit to the lot owner within thirty days of final payment. In the event the delinquent account is for a pre -need gravesite, the city may, at its option, return the grave to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date. Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made. HH. The Public Works Director and Parks and Recreation Manager are hereby authorized to enter into contracts for the sale of lots, liners, vases, markers and other incidental services. All contracts must be approved and signed by the Public Works Director and Parks and Recreation Manager. All contracts will constitute a personal obligation on the part of the purchaser(s) and shall be binding on the purchaser(s)' heirs, successors, and assigns. II. The cemetery staff shall keep all signed contracts on file in the cemetery office. JJ. No refunds on endowment care lots or pre -need services will be given. Any property abandoned for seven years with no contact from the owner(s), after attempt by certified mail to contact, shall revert back to the City of Yakima. KK. Any person that purchases ten or more lots at one time is entitled to a seven percent discount on the total price of the lots. LL. A maximum of two cremains may be placed in a columbarium niche. This must be accompanied with the proper notarized authorizations from the niche owner or the owner's next of kin. Columbarium niches may not be divided and sold as individual niches by a private owner. Urns must not exceed five inches by five inches by seven inches in size. MM. All inscriptions on the columbarium niches shall be of similar style and size. Opening and Closing Niche fees must be paid in full prior to inscription services being ordered. All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the Parks and Recreation Manager. Vases will be allowed only at the discretion of the Parks and Recreation Manager or appointee. (Ord. 2010-51 § 1 (part), 2010: Ord. 2009-41 § 1, 2009: Ord. 2007-64 § 1, 2007: Ord. 2006-66 § 1, 2006: Ord. 2004-79 § 1, 2004: Ord. 2003-76 § 2, 2003: Ord. 2003-51 § 2, 2003: Ord. 2001-77 § 1, 2001: Ord. 2000-56 § 2, 2000: Ord. 99-49 § 1, 1999: Ord. 97-11 § 1, 1997: Ord. 96-85 § 1, 1996: Ord. 3433 § 1, 1992: Ord. 3074 § 1, 1988: Ord. 3040 § 2, 1987: Ord. 2937 § 1, 1986: Ord. 2845 § 1, 1985: Ord. 2589 § 1, 1982: Ord. 2490 § 1, 1981: Ord. 2356 § 1, 1979: Ord. 2254 § 1, 1979: Ord. 2034 § 1, 1976; Ord. 1873 § 1, 1975; Ord. 1364 § 1, 1971; Ord. 1099 § 1, 1969: Ord. 799 § 1, 1966: Ord. 585 § 1). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of October, 2017. ATTEST: &WA -a Sonya EIaar Tee, City Clerk Publication Date: October 6, 201 Effective Date: November 5, 2017 •'k i • WAS\A Kathy Co ey, ayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 14. For Meeting of: October 3, 2017 ITEM TITLE: Ordinance relating to Tahoma Cemetery; streamlining administrative procedures SUBMITTED BY: Ken Wilkinson, Parks and Recreation Manager Dylan Olson, Rule 9 Intern, City of Yakima Legal Department Cynthia Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: The Tahoma Cemetery Ordinance (YMC 7.04) has not been updated in many years. The ordinance contains antiquated language and requirements. The proposed amendment presented here reflects updates in administrative and recordkeeping procedures at the cemetery. The proposed amendment also addresses other minor matters such as updating available products and services, and updating pricing. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D ce tery ordinance summary 9/132017 D Ordinance - YMC 7.04 Tahoma Cemetery - redline 8/29/2017 E Ordinance - YMC 7.04 Tahoma Cemetery - FINAL 8/2912017 Type Coyer Memo Ordinance Ordinance 2 City of Yakima City Council Brief Description: Updating the Tahoma Cemetery Ordinance (YMC 7.04). Summary: The Tahoma Cemetery Ordinance (YMC 7.04) has not been updated in many years. The ordinance contains antiquated language and requirements. The ordinance is amended to reflect updates in administrative and recordkeeping procedures at the cemetery. The amendment also addresses other housekeeping matters such as clarifying language in the ordinance, updating available products and services, and updating pricing. Below is an overview of changes to the ordinance: 7.04.010 Establishment. Grammatical updates. Reduces wordiness. No substantive changes. 7.04.050 Operation and management of cemetery. Grammatical updates. Uses gender neutral language. Reduces wordiness. No substantive changes. 7.04.070 Fees—Cemetery fund. Grammatical updates. Uses gender neutral language. Reduces wordiness. No substantive changes. 7.04.080 Procedure for purchase of block in cemetery. Grammatical updates. Reduces wordiness. Uses active voice. Reorganizes paragraph to group related provisions. Modifies administrative procedure for purchase of a cemetery block. Eliminates requirement for cemetery staff to file duplicate sales agreement with City Clerk. Clarifies that sales agreements must be endorsed by notarized signature of Public Works Manager and Parks and Recreation Manager. Allows City Manager's designee to execute grave use permits and endowment care agreements with a notarized endorsement. Cemetery staff will keep paper records of cemetery business. City Clerk will not be required to keep paper records of cemetery business. 7.04.090 Rules. Grammatical updates. Reduces wordiness. Uses active voice. Uses parallel sentence structure. Reorganizes paragraphs and subsections to group related provisions. 3 City of Yakima City Council Updates liner size availability. Updating fee schedule. Updating available products and services. Increases maximum number of cremains on unoccupied full-size lot from four to six. Requires all markers in Section M to face east. Requires payment in full for lots or services prior to use of lots or services. Requires payment in full for monuments before the monument will be placed. Requires cemetery staff to mail grave use permit to lot owner within thirty days of receiving required payments. Requires cemetery staff to keep signed contracts on file in the cemetery office. Other housekeeping measures. Appropriation: None. Effective Date: The bill takes effect 30 days after publication of the amended ordinance 4 ORDINANCE NO. 2017 - ORDINANCE relating to Public Services and Utilities; amending section 7.04 of the Yakima Municipal Code; prescribing penalties; updating administrative and recordkeeping procedures, liner size availability, fee structure, available services, and other housekeeping measures BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 7.04 of the City of Yakima Municipal Code is hereby amended to read as follows: 7.04.010 Establishment. Hereafter the city cemetery and all additions thereto now or hereafter made thereto shall bear the name and be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the city council City Council said cemetery is or may bo referred to as the "city cemetery,-" or by any other name or designation} such reference or provision therein shall apply to and be held to relate to Tahoma Cemetery. (Ord. 2010-51 § 1 (part), 2010: Ord. A-252 § 1, 1917). 7.04.050 Operation and management of cemetery. The city manager City Manager shall, subject to the approval of the city council City Council, make such rules and rcgulations governing and concerning said cemetery Tahoma Cemetery as may be required for the proper operation and management of said the cemetery and as may be ncccscary to carry into effect the provisions of this chapter and all othcr ordinanccs or resolutions pertaining to said cemetery. #e The City Manager shall also, subject to the approval of the city council City Council, fix a the schedule of prices to be charged and collected for all unsold lots in said the cemetery and for any and all services rendered by the cemetery employees of the city cemetery_ for any and all services whatsoever in or about said cemetery; all such The rules and regulations and said the schedule of prices is shall be printed for free distribution. (Ord. 2010-51 § 1 (part), 2010: Ord. A-252 § 2, 1917). 7.04.070 Fees—Cemetery fund. All fees and charges collected or received by any employees of the city cemetery for any and oscs or services whatsoever in or about said cemetery shall , except wherc by law or ordinance directed to go into some other fund of the city, be turned over to the city treasurer City Treasurer and by him placed in the cemetery fund of the city, it being the purpose of this chapter to continue the collection of all fees and charges now or hereafter prescribed in connection with the operation and management of said cemetery, but to limit and confine the compensation of the employees of the cemetery to the fixed salary or compensation prescribed by the city council. except where directed to go into some other fund of the City by law or ordinance. (Ord. 2010-51 § 1 (part), 2010: Ord. A- 252 § 3, 1917). 7.04.080 Procedure for purchase of block in cemetery. 5 With the exception of the Washington Department of Social and Health Services, United States Veterans Administration and funeral homes located within the state of Washington, any a person wishing to purchase a block or part thereof in said cemetery shall pay to the cemetery staff the price thereof make all payments required by this chapter before being allowed to occupyinjc any part of said property Tahoma Cemetery. The cemetery staff, upon receiving the money for any such block or part thereof all required payments, shall issue to the purchaser L11 a sales agreement containing a correct description thereof of the cemetery block or part thereof, with the name of the purchaser, and the date of the purchase, and within thirty days thereafter shall file a duplicate copy of such sales agreement with the city clerk (2) a grave use permit to the purchaser for the cemetery block or part thereof described in the sales agreement, and (3) an endowment care agreement. The sales agreement must be approved and signed by the Public Works Director and the Parks and Recreation Manager. The signature of the Public Works Director and the Parks and Recreation Manager shall be notarized. The grave use permit shall recite that it is accepted by the grantee named therein subiect to all rules or regulations lawfully imposed for the regulation and management of the cemetery. The grave use permit shall grant the purchaser and the purchaser's heirs, executors, administrators and assigns the right to use the cemetery block or part thereof for the purpose of interring human remains. The city manager of the city of Yakima City Manager or the City Manager's designee shall make and execute a grave use permit from the city of Yakima to the purchaser of the block or part thereof dcscribed by thc cemetery staff in the salcs agrccmcnt issucd by him as aforesaid, which said gravc use permit shall be delivered to the purchaser named therein with a copy of the sales agreement provided to the city clerk issued by the cemetery staff the grave use permit and the endowment care agreement. The execution of the grave use permit and the endowment care agreement shall be notarized. No sale, transfer or assignment of any block or part thereof or any interest therein shall be valid without the consent of the City Manager or the City Manager's designee endorsed in writing thereon. Such gravc use permit shall recite that it is accepted by the grantee named therein subject to any and all rules or regulations lawfully imposed for the regulation and management of said cemetery. use of such lot(s) for the purpose of the interment of human remains. The cemetery staff and thc city clerk shall ctiach keep such records of said the sales agreement, grave use permits, endowment care agreement, and of any and all other business transacted by or on account of the cemetery, as may be prescribed by the city manager, City Manager with subiect to the approval of the city council City Council. No sale, transfer or assignmcnt of any block or part thcrcof or any intcrcst thcrcin shall be valid without thc consent of the city manager endorsed in writing thereon. (Ord. 2010-51 § 1 (part), 2010: Ord. 2003-76 § 1, 2003: Ord. 2003-51 § 1, 2003: Ord. 3040 § 1, 1987: Ord. A-252 § 4, 1917: Ord. B-229, 1937). 7.04.090 Rules and regulations. Following are the rules and rcgulations, including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: 6 "Regular" shall mean an outside measurement of approximately thirty-three by eighty- nine inches. "5 0" shall mean an outside measurement of approximatcly twcnty four by scvcnty thrcc inches. "1 0" shall mean an outside measurement of approximately twenty by sixty inches. "3 0" shall mean an outside measurement of approximately twenty by forty seven inches. "2 0" means an outside measurement of approximately eighteen by thirty seven inches. "Undersized" means an outside measurement less than thirty-three by eighty-nine inches. "Oversized" means an outside measurement of approximatcly thirty fivc by nincty one greater than thirty-three by eighty-nine inches. "Extra large" means an outside measurement of approximately forty three and one half by one hundred one inches. B. Commencing January 17, 2011 October 8, 2017, the following schedule of fees and charges shall be in effect and applicable at Tahoma Cemetery. With the exception of Washington Department of Social and Health Services, United States Veterans Administration, and funeral homes located within the state of Washington, all fees and charges shall be paid in advance for burials unless otherwise provided. Cemetery Lot Use Fee Section A $703.00 Section B $703.00 Section C $703.00 Section D $865.00 Section E $800.00 (nonveterans) ((Individual veteran all sections)) Section E (lots 24 and Section F $703.00 Section G $703.00 Section H $703.00 Section I $703.00 Section J $703.00 Section K $703.00 Section L $693.00 $320.00 7 Section M (flat marker graves) Section M (upright marker graves) City section Masonic F & AM section (Masonic) 1.0.0.F. section Baby section (maximum 3 0 liner size) (Undersized liner) ((Section E (cremains))) ((Right of 2nd inurnment)) Individual veteran (all sections) Above prices include mandatory endowment care fee. $834.00 $892.00 $703.00 $703.00 $703.00 $291.00 (($32-0,00)) (($321-2,00)) $598.00 Columbarium Niche Right of 2nd inurnment $964.00 $342-99 Above prices include mandatory endowment care fee. Mausoleum Niches Niche, marble front $630.00 (12" x 12") $727.00 Endowment carc $97.00 Niche, smallest glass $65149 front (18" x 20") $748.00 Endowmcnt carc $97-99 Niche, medium glass $7-2-4,00- front 724-99front (40" x 22") $916.00 Endowment carc $492.00 Niche, largo glass $7-8.8,Q0 front (46" x 40") $980.00 Endowmcnt carc $192-99 Above prices include mandatory endowment care fee. Opening and Closing Regular liner Oversized and jumbo liner Baby (30 inch) Child ('15 inch) Undersized liner Cremains Mausoleum crypts Niches Liners Regular liner Oversized liner Extra large liner Baby (30 inch) Child ('15 inch) Undersized liner Cremains urn vault Graves $578.00 $673.00 $193.00 $213.00 $271.00 $525.00 $242.00 $x-00 $578.00 $769.00 $867.00 $493-99 $223.00 $289.00 (plus Washington State sales tax) Monument Settings Government marker (veteran) Veteran's bronze marker on granite 24" x 36" base Flat marker, 12" x up to 24" Flat marker, 12" x 25"-36" Flat marker, 12" x 37"-48" Flat marker, 12" x 49"-60" Flat marker, 12" x 61 "-72" Upright marker, 12" x up to 24" $242.00 $348.00 $251.00 $289.00 $464.00 $638.00 $813.00 $289.00 8 Upright marker, 12" x 25"-36" Upright marker, 12" x 37"-48" Upright marker, 12" x 49"-60" Upright marker, 12" x 61 "-70" Each additional inch, either way Niche inscription, up $"91-99 to 30 charactcrs Niche inscription, each $3,00 additional character Niche emblem $67-00 Niche photo $9499 Galvanizcd vasc setting charge (whey} $21.00 set w/monument) Aeon vase setting charge (when set $39.00 w/monument) Galvanized vase $21.00 Aeon vase $78.00 Galvanized vase setting with marker Aeon vase setting with $39.00 marker Galvanized vasc setting in granitc $479419 border Aeon vase setting in $192.00 granite border Galvanized insert $21.00 Reset monuments Setting fee + markers $75.00 cleanup charge $385.00 $642.00 $905.00 $1,166.00 $24.00 12 -inch marker (cremains only) 16 -inch marker (cremains and baby lots only) $126.00 $193.00 9 10 Urn/marker combination {fie does not include mandatory right of 2nd inurnment fee) (plus Washington State sales tax) $409.00 Incidental Charges Disinterment, adult regular or oversized (does not include opening and closing of new grave_if relocation In Tahoma) Disinterment, baby undersized (does not include opening and $482.00* closing of new grave +f relocation in Tahoma) Disinterment, cremains (does not include opening and $338.00* closing of new grave if relocation in Tahoma) * Depending on degree of difficulty, an additional charge of up to $637.00 may be determined by the parks and recreation manager or appointee. Grave use transfer permit transfer processing fee {to $36.00 transfer ownership of lot) Historic register copy $13.00 Saturday overtimc a.m. only burial— $430.00** Standard Saturday ovcrtimc a.m. only burial— $289.00*** Cremains Overtime charge $72.00**** (No Saturday chapel burials scheduled after 11:00 a.m.) (No Saturday graveside burials scheduled after 11:30 a.m.) $867.00* 11 * Depending on degree of difficulty, an additional charge of up to $637.00 may be determined by the Parks and Recreation Manager or appointee. ** Includes up to six staff hours total and two staff members for full sizc *** Includes up to ai three staff hours total and one staff member #eF cremain-size burial. **** Charged per additional staff hour incurred by the City due to services rendered outside normal business hours. Weekdays: No chapel service after 3:00 p.m. No graveside service after 3:30 p.m. An additional overtime charge of seventy two dollars per staff hour shall be charged for c\ach additional staff hour incurrcd by the city duc to scrviccs bcing rcquircd outside normal business hours. C. Chapel service may not be scheduled to start on weekdays after 3:00 p.m. Graveside service may not be scheduled to start on weekdays after 3:30 p.m. Chapel service may not be scheduled to start on Saturdays after 11:00 a.m. Graveside service may not be scheduled to start on Saturdays after 11:30 a.m. Interments and disinterments may not take place on Sundays, public holidays as defined in YMC 9.10.060, or Saturdays after 12:00 p.m., except in cases of emergency as determined by the Parks and Recreation Manager or appointee. D. If the cemetery is provided with verification and documentation that the deceased has no surviving family members and was receiving one of the following types of public assistance at the time of his or her death: aid to families with dependent children, general assistance, an -dor poverty -related veterans' benefits, the cemetery charges will be fifty percent of the normal charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or vase setting fees. The cemetery reserves the right to designate the location of all indigent burials with the exception of burials intended for previously purchased gravesites. Indigent burials will be allowed Monday through Friday only, unless by special permission of the parks and recreation manager Parks and Recreation Manager or appointee. E. The size of grave liners or vaults in all cases is determined by the funeral director in charge. Double deep interments shall only be permitted if arranged prior to 2001. Nde double deep burials shall be permitted in the baby and cremain section. In addition, no double deep interments shall be permitted if a sectional grave liner is present in either of the adjoining lots. All graves shall be numbered with a permanent number_ and an The 12 cemetery staff shall keep an accurate record kept of the name of the decedent and the number of the grave. F. A maximum of four cremains may be placed on an occupied full-size lot. This must be accompanied with the proper notarized authorizations from the lot owner and/or the next of kin. A maximum of four six cremains may be interred placed on an full cizc unoccupied full-size lot. All cremations placed on full-size occupied or unoccupied lots are required to pay right of second inurnment fees. Full-size lots may not be divided and sold as individual cremains lots by a private owner for profit. G. Persons with dogs shall not be permitted to enter the cemetery grounds. A person may not bring a doq into Tahoma Cemetery. The speed limit for vehicular traffic in the amount of one hundred dollars. Speed infractions shall be in accordance with city and statc laws. A person violating this section is subject to a penalty of one hundred dollars. H. The speed limit for vehicular traffic within the cemetery is fifteen miles per hour. Violation of this section is a civil infraction and shall be enforced in accordance with city and state law. 6, L Notification - and payment for interment or disinterment must be received +n Ly the cemetery office at least one business day in advance of such interment or disinterment. The cemetery staff can may limit the number of services scheduled on any given day_ and The cemetery staff can may require services to be rescheduled if publication of said service was done prior to notification being received the service was published prior to receipt of notification. This The purpose of this section is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. J. A burial permit must, in all caccs, be filed with thc The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. A death ccrtificatc must, in all cases, be filed with thc The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. I. Interments or disinterments will not be allowed on Sunday, on a public holiday as defined in YMC 9.10.060, or on Saturday afternoon, except in cases of emergency as J- K. The cemetery staff reserves and shall have the right to may correct any errors that may be madc by the cemetery either in making related to interments, disinterments, +n the description of a cemetery block or part thereof, transfer or the conveyance of any interment property, a cemetery block or part thereof. cithcr by canccling such conveyance and substituting and conveying in lieu thereof other interment property discretion of the cemetery, by refunding the amount of money paid on account of said purchase. The cemetery staff may select, substitute, and convey other cemetery property of equal value and similar location or refund the purchaser. In the event the crror shall involvc thc intcrmcnt of thc rcmains of any person in such property, thc The cemetery staff reserves the right to may remove and reinter the remains to such other 13 substituted property of equal value and similar location as may be substituted and conveyed to the purchaser. L. All interments must be made in cement liners, cement vaults, cremains vaults liners, or steel vaults, liners with the exception of cremains which must be in an urn vault 2008. Cement All liners shall be made according to specifications designated by the parks and recreation manager Parks and Recreation Manager or appointee. No gravo shall be opened or closed by anyone other than employees of the city of Yakima. The Funeral Director shall determine the size of grave liner to use in all cases. M. No grave shall be opened or closed by anyone other than employees of the City of Yakima. N. No tombs shall be erected on top of the ground. A tomb or personal mausoleum may not be erected on top of the ground. No stone or marker shall be placed on an occupied grave site until all cemetery fees are paid in full. A marker may not be placed on a gravesite until all marker setting fees are paid in full. No stone or marker shall be placed at a pre need gravesite until said gravesite is paid for in full. A marker may not be placed at a pre -need gravesite until the gravesite and marker setting fee are paid in full. O. Foundations for all monuments markers and vases shall be built by the city City of Yakima erg or an approved vendor, at the expense of the owner. All foundations must be have a three to six inches lamer wide border all around than the base of the monument marker. The border must have #$ a depth of four to six inches. , and said The foundation must be flush with the ground level. All marker bases must be made of granite or marble. No sandstone or artificial base will be permitted. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. P. All monuments markers must be set in line according to the cemetery survey except on the tracts of irregular shape; monuments markers in the west row of each block must face west, monuments markers in the east row of each block must face east, all markers in Section M must face east according to the cemetery survey; cxccpt on the tracts of irregular shape, in which case the parks and recreation manager or appointee will determine the setting. The Parks and Recreation Manager or appointee shall determine the setting of markers on the tracts of irregular shape. All bases for monumcnts must bo made of granite or marble. No sandstone or artificial base will be permitted. Q. In Section M, upright markers are only permitted in Block 69, Block 58 and all blocks north thereof, Block 285 and all blocks east thereof, and Block 274 and all blocks northeast thereof. R. All markers placed in Section L, in the Masonic baby plot, and in that part of Section E lying south of a line drawn from the southwest corner of Block 161 to the southeast corner of Block 27, and west of a line drawn from the southeast corner of Block 27 to the southeast corner of Block 70, thence west to the southwest corner of Block 68, thence south to the southwest corner of Block 143, shall be level with the ground. S. Markers for single full-size graves will be a maximum of may not exceed twenty-four inches in length and twelve inches in width. Double markers for two full-size graves will may not exceed thirty-six inches in length and twelve inches in width except in Section M 14 double markers may not exceed sixty inches in length and twelve inches in width over two full size gravcs. Larger companion markers may be allowed oRly with prior approval by the parks and recreation manager Parks and Recreation Manager or appointee. Markers for single cremains graves will be no more than may not exceed twenty-four inches in length and twelve inches in width. Double markers for two cremains graves may not exceed twenty-four inches in length and twelve inches in width over two cremain-size graves. No ledger typo Ledger -type markers will not be allowed in any location; the cemetery provided, that this section shall not apply to except ledgers ledger -type markers presently existing in the cemetery. All monument setting fees must be paid in full prior to the installation of any monuments. Flat markers shall be set flush with the ground. T Care and maintenance of headstones and monumcnts a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the city City of Yakima are not responsible for damage to headstones markers that is caused by weather or by the actions of persons not employed by the city City of Yakima. WI, U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and It shall be the duty of the parks and recreation manager Parks and Recreation Manager or appointee shall to remove all landscape features determined to be objectionable. If trees or shrubs in any lot become detrimental to adjacent lots or avenues in the judgment of the parks and recreation manager Parks and Recreation Manager or appointee, they shall be removed. is.1, V. Coping, fences, posts, and chains, and all wooden structures around lots, blocks, or graves are prohibited_ ; and if W. any Any inscription, monument marker, effigy or other structure which the parks and rccrcation manager Parks and Recreation Manager or appointee deems offensive or improper is placed in or upon any lot or gravc, thc namo shall be removed upon order of the said parks and recreation manager Parks and Recreation Manager or appointee. O- X. Funeral designs and floral pieces will be removed to a designated place as soon as the same become unsightly or interfere with mowing in the judgment of the parks and recreation manager Parks and Recreation Manager or appointee. The city City is not responsible for damage to or theft of cut flowers, potted plants, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. Y. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces, stones, rocks, and foreign objects will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. Q, Z. Receptacles for cut flowers must be sunk level with the ground , thus ensuring the safety of such articles and facilitating thc cutting of thc grass from thc gravc. Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the parks and recreation manager Parks and Recreation Manager or appointee. All employees or other people engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation 15 manager Parks and Recreation Manager. Visitors A person must may not interfere with the performance of duties of any employee or groundskeeper. V V . office. Lost and found articles are to shall be turned in to the Tahoma Cemetery _.=e CC. All paper and other rubbish must be deposited, by the person responsible therefor, in a receptacle provided for that purpose. A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. J.I7 DD. As provided for by this chapter, any owner a person desiring to may transfer or assign a part of his tract that person's block or a part thereof to another person provided that must have a record of hie the transfer or assignment is noted on the cemetery records and a copy of the transaction shall be kept in the cemetery officc. The cemetery staff shall keep a copy of the transaction in the cemetery office. 1.4 EE. The parks and recreation manager Parks and Recreation Manager or appointee is authorized and directed to shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any of the foregoing rules provision of this chapter. W. (1) FF. Endowment care lots, pre -need arrangements or a combination of both may be purchased on installment contracts in the form provided by the city City of Yakima. Under this plan, no lot(s), service(s) or monument(s) can be used or placed until _.Nolot(s)or service(s) may be used until property fees and service fees are paid in full. No monument(s) may be placed until monument setting fees are paid in full. {�} GG. Contracts will be signed and kept on file in the cemetery office. All contracts w require a ten percent down payment with an appropriate payment schedule designated. Contracts for endowment care lots shall require payment in full within twelve months. A grave use permit to the endowment care lot(s) will be mailed from the city of Yakima clerk's office to the lot owner within thirty days of final payment. A combined contract for an endowment care lot and pre -need services shall require payment in full within thirty-six months. Any payment that is more than sixty days past due will be assessed a one percent per month interest penalty on the unpaid balance. The cemetery staff shall mail a grave use permit to the lot owner within thirty days of final payment. In the event the delinquent account is for a pre -need gravesite, the city may, at its option, return the grave to open inventory for the purpose of resale and the purchaser will forfeit any moneys paid to that date. Upon default in payment of the balance due for contracted services, the cemetery may deny further burials in the cemetery until full payment is made. (4). HH. The public works director Public Works Director and parks and recreation manager Parks and Recreation Manager are hereby authorized to enter into contracts for the sale of lots, liners, vases, markers and other incidental services. All contracts must be approved and signed by the public works director Public Works Director and parks and recreation manager Parks and Recreation Manager before acceptance. All contracts will constitute a personal obligation on the part of the purchaser(s) and also shall be binding on the purchaser(s)' heirs, successors, and assigns. 16 II. The cemetery staff shall keep all signed contracts on file in the cemetery office. {4} JJ. No refunds on endowment care,- lots or pre -need services will be given. Any property abandoned for a period of seven years with no contact from the owner(s), after attempt by certified mail to contact, shall revert back to the city City of Yakima for resalc. (5) KK. Any person that purchases ten or more lots at one time is entitled to a seven percent discount on the total price of the lots. X. Section M of the Tahoma Cemetery will have the following maximum marker sizes. Single grave upright marker will be no greater than twelve inches wide by twenty four inches long and no more than forty eight inches high. Double upright marker may be no more than twelve inches wide, up to fifty seven inches long and no more than forty eight inches high. Single flat markers will be no greater than twelve inchcs widc and twcnty four inches long and will be set flush with the ground. Double flat markers may be no more than twelve inches wide and up to fifty seven inches long and will be set flush with the ground. Upright markers will be allowed only in Block 69; in all blocks north thereof to and including Block 58; in all blocks east thereof to and including Block 285 and in all blocks northeast thereof to and including Block 27'1; for a total of one hundred fifty six placed on a grave. If right of second inurnment is exercised, for up to two additional cremain burials per grave, only one additional flat headstone will be allowed per grave. thirty-six inches by one hundred twenty inches. LL. A maximum of two cremains may be placed in a columbarium niche. This must be accompanied with the proper notarized authorizations from the niche owner armor the owner's next of kin. The second cremation placed in a niche must pay right of second inurnment fees as required by Tahoma Cemetery. Columbarium niches may not be divided and sold as individual niches by a private owner. Urns must not exceed five inches by five inches by seven inches in size. MM. All inscriptions on the columbarium niches shall be of similar style and size. All inscription Opening and Closing Niche fees must be paid in full prior to inscription services being ordered. All inscription services will be performed by Tahoma Cemetery staff or their appointees determined by the parks and recreation manager Parks and Recreation Manager. Vases will be allowed only at the discretion of the parks and recreation manager Parks and Recreation Manager or appointee. (Ord. 2010-51 § 1 (part), 2010: Ord. 2009-41 § 1, 2009: Ord. 2007-64 § 1, 2007: Ord. 2006-66 § 1, 2006: Ord. 2004-79 § 1, 2004: Ord. 2003-76 § 2, 2003: Ord. 2003-51 § 2, 2003: Ord. 2001-77 § 1, 2001: Ord. 2000-56 § 2, 2000: Ord. 99-49 § 1, 1999: Ord. 97-11 § 1, 1997: Ord. 96- 85 § 1, 1996: Ord. 3433 § 1, 1992: Ord. 3074 § 1, 1988: Ord. 3040 § 2, 1987: Ord. 2937 § 1, 1986: Ord. 2845 § 1, 1985: Ord. 2589 § 1, 1982: Ord. 2490 § 1, 1981: Ord. 2356 § 1, 1979: Ord. 2254 § 1, 1979: Ord. 2034 § 1, 1976; Ord. 1873 § 1, 1975; Ord. 1364 § 1, 1971; Ord. 1099 § 1, 1969: Ord. 799 § 1, 1966: Ord. 585 § 1). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 2017. PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of October, ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: