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HomeMy WebLinkAbout2003-051 cemetery ORDINANCE NO. 2003- 51 AN ORDINANCE relating to public services and utilities; setting cemetery fees, establishing maximum marker sizes, clarifying the ownership interest acquired by purchases of cemetery lots; and amending sections 7.04.080 and 7.04.090, all of the City Of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 7.04.080 of the City of Yakima Municipal Code is hereby amended to read as follows: "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, any person wishing to purchase a block or part thereof in said cemetery shall pay to the cemetery superintendent the price thereof before being allowed to occupy any part of said property. The cemetery superintendent upon receiving the money for any such block or part thereof, shall issue to the purchaser a certificate containing a correct description thereof, with the name of the purchaser and the date of the purchase, and within three days thereafter shall file a duplicate copy of such certificate with the city clerk, and within ten days after the filing of such certificate with the city clerk, the city manager of the city of Yakima shall make and execute a deed Grave Use Permit from the city of Yakima to the purchaser of the block or part thereof described by the cemetery superintendent in the certificate issued by him as aforesaid, which -said deed Grave Use Permit shall be delivered to the purchaser named therein upon the presentation and surrender to the city clerk of the certificate issued by the cemetery superintendent. Such deed Grave 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. It shall be attested to by the city clerk of the city of Yakima, and shall have affixed thereto the seal of the city, and shall . . - . .. _ . . . - - - grant unto the purchaser thereof and to the heirs, executors, administrators and assigns of such purchaser forever the right to the use of such lot(s) for the purpose of the internment of human remains. The cemetery superintendent and the city clerk shall each keep such records of said eenveyartEes Grave Use Permits and of any and all other business transacted by or on account of the cemetery, as may . be prescribed by the city manager, with the approval of the city council. No sale, 1 (1k) mi cemetery fees 2003 ix, transfer or assignment of any block or part thereof or any interest therein shall be valid without the consent of the city manager endorsed in writing thereon." Section 2. Section 7.04.090 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.04.090 Rules and regulations. Following are the rules and regulations, including schedules of fees and charges applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" shall mean an outside measurement of approximately thirty -three by eighty -nine inches. "5 -0" shall mean an outside measurement of approximately twenty -four by seventy -three inches. "4 -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. "Oversize" means an outside measurement of approximately thirty -five by ninety -one inches. "Jumbo" means an outside measurement of approximately forty -three and one- half by one hundred one inches. B. Commencing , August 18, 2003 the following schedule of fees and charges shall be in effect and applicable at Tahoma Cemetery. With the exception of funeral homes located within the state of Washington, all fees and charges shall be paid in advance for burials. Cemetery Lot Use Fee Section A $482.00 Section B 482.00 Section C 482.00 Section D 594.00 Section E (Non - veterans) 548.00 Section E (Veteran's lot with spouse) 548.00 Section E (Individual veteran) 401.00410.00 Section F 482.00 2 (1k) and. cemetery fees 2003 j Section G 482.00 Section H 482.00 Section I 482.00 Section J 482.00 Section K 482.00 Section L (North half, west end) 476.00 Section L (South half, 117 -208) 476.00 Section M (Flat Marker Graves) 572.00 Section M (Upright Marker graves) 612.00 City section 482.00 Masonic section 482.00 I.O.O.F. section 482.00 Baby section (. .. - .. • - . - - -) 198.00 (Maximum 3 -0 liner size) Section E (Cremains) care -fee) 218.00 Cremains placed on occupied or- unoccupied full size lot (At need)'' 66.00132.00 Endowment care fee for lot reuse 6600 This fee does not pertain to lots designated for cremains. Note: Price of lot includes Endownment Care Fee. Mausoleum Niches Niche, marble front (12" x 12 ") $432.00 Endowment care 66.00 Niche, smallest glass front (18" x 20 ") 447.00 Endowment care 66.00 Niche, medium glass front (40" x 22 ") 497.00 Endowment care 132.00 Niche, large glass front (46" x 40 ") • 540.00 Endowment care 132.00 Note: Price includes Perpetual Endowment Care Fee. Opening and Closing Graves 3 (]k) ord cemetery Fees 2003 Regular liner $396.00 Oversized and jumbo liner 462.00 Baby (30 inch) 132.00 Child (45 inch) 146.00 Cremains 165.00 Mausoleum crypts 360.00 Mausoleum niches 165.00 Double deep (2 open /close) 792.00 Vault 462.00 Liners Regular $396.00 Oversized liner 528.00 Jumbo liner 594.00 Cremains liner (concrete) 146.00 Baby (30 inch) 132.00 Child (45 inch) 152.00 Expandable cremains vault (plastic) 198.00 Double deep (Two liners) 792.00 (plus Washington State sales tax) Monument Settings Government marker (Veteran) $165.00 22 24 inch concrete marker 53.00 Flat marker, 2.0 ft. x 1.0 ft12 "x up to 24 ". 172.00 Flat marker, 3.0 ft. x 1.0 ft12 "x 25 "- 36 ". 198.00 Flat Marker 12" x 27" - 48" 318.00 Flat Marker 12" x 49" - 60" 438.00 Flat Marker 12" x 61" - 72" 558.00 Upright marker, 2.0 ft. x 1.0 ft12 "x up to 24 ". 198.00 Upright marker, 3.0 ft. x 1.0 ft12 "x 25 "- 36 ". • 264.00 Upright marker, 12" x 27 "- 48" 440.00 Upright marker, 12" x 49"- 60" 620.00 Upright marker, 12" x 61 "- 70" 800.00 Each additional inch, either way 15.00 4 (1k) ord cemetery fees 2003 p Galvanized vase setting charge (when set w /monument) 14.00 Aeon vase setting charge (when set w /monument) 27.00 Galvanized vase 14.00 Aeon vase 53.00 Galvanized vase setting in concrete border 40.00 Aeon vase setting in concrete border 60.00 Galvanized insert 14.00 Re -set monuments 132.00 same as setting fee + $50.00 clean up charge. 12 inch marker cremains only 86.00 16 inch marker (cremains and baby lots only) 132.00 Urn /marker combination (price does not include 234,00 manditory grave reuse fee) 280.00 Identification marker 33.00 (plus Washington State sales tax) Incidental Charges Disinterment, Adult $594.00* (does not include *opening and closing of new grave ... . . • • ; if relocation in Tahoma) Disinterment, Baby (does not include *opening and closing of new 330.00* grave :.. • . • ; . • ; if relocation in Tahoma) Disinterment, Cremains (does not include *opening and closing of new 231.00* 5 (1k) ord cemetery fees 2O 3 jw grave ... . - ; . - - ; if relocation in Tahoma) * Depending on degree of difficulty, an additional charge of up to $550.00 may be determined by the Parks and Recreation Manager or appointee. Quit claim grave use certificate processing fee (to transfer ownership of lot) $25.00 Saturday overtime A.M. only -- Standard 264.00** Saturday overtime A.M. only-- Cremains 198.00** (No Saturday chapel burials scheduled after 11:00 a.m.) (No Saturday graveside burials scheduled after 11:30 a.m.) includes up to six staff hours. Weekdays: No indigent burial after 2:00 p.m. No chapel service after 3:00 p.m. No graveside service after 3:30 p.m. An additional overtime charge of $50.00 per staff hour shall be charged for each additional staff hour incurred by the City due to services being required outside normal business hours. C. If the cemetery is provided with verification and documentation that the deceased was at the time of his or her death receiving one of the following types of public assistance: Aid to families with dependent children, general assistance, and 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. D. 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. No 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 6 (]k) ord cemetery fees 2003 j • with a permanent number and an accurate record kept of the name of the decedent and the number of the grave. E. 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 six cremains may be interred on a full size unoccupied lot. All cremations placed on full size occupied or unoccupied lots are required to pay pal endowment care at time of need. Full sized lots may not be divided and sold as individual cremain lots by private owner for profit. F. Persons with dogs or firearms shall not be permitted to enter the grounds. Firearms will be permitted only for use during a military service. The speed limit for vehicular traffic within the cemetery is established at fifteen miles per hour. Each violation of this subsection shall constitute a civil infraction. The penalty for each infraction shall be a fine in the amount of $50.00. G. Notification for interment or disinterment must be received in the cemetery office at least twenty-feur---hours one business day in advance of such interment or disinterment. The cemetery can limit the number of services scheduled on any given day and can require services to be rescheduled if publication of said service was done prior to notification being received. This is to provide ample time for proper opening and closing and to ensure adequate parking and privacy for each service. H. A burial permit must, in all cases, be filed with the Tahoma Cemetery office before interment. I. Interments or disinterments will not be allowed on Sunday, on a public holiday as defined in the Yakima Municipal Code Section 9.10.060, or on Saturday afternoon, except in cases of emergency as determined by the parks and recreation manager or appointee. J. The cemetery reserves and shall have the right to correct any errors that may be made by the cemetery either in making interments, disinterments or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property selected by Tahoma Cemetery of equal value and similar location; or, at the sole discretion of the cemetery, by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of the remains of any person in such property, the cemetery reserves the right to remove and reinter the remains to such other property of equal value and similar location as may be substituted and conveyed to the purchaser. K. All interments must be made in cement liners, cement vaults, cremain vaults or steel vaults, with the exception of cremains placed in marble or bronze urns. The cement liners shall be made according to specifications designated by the parks and recreation manager or appointee. No grave shall be opened or closed by anyone other than employees of the city of Yakima. 7 (Ik) orct cemetery Fees2003 L. No tombs shall be erected on top of the ground. No stone or marker shall be placed on an occupied gravesite until all cemetery 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. Foundations for all monuments and vases shall be built by the city of Yakima only, at the expense of the owner. All foundations must be three to six inches larger all around than the base of the monument to a depth of four to six inches, and said foundation must be flush with the ground level. All monuments in Section D and E shall have a maximum height of thifty Forty -Eight inches. Footstones will not be allowed in the cemetery except for footstones presently existing in the cemetery. All monuments must be set in line; monuments in the west row of each block must face west, monuments in the east row of each block must face east according to the cemetery survey; except on the tracts of irregular shape in which case the parks and recreation manager or appointee will determine the setting. All bases for monuments must be made of granite or marble. No sandstone or artificial base will be permitted. 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 35 to the southeast corner of Block 29, and west of a line drawn from the southeast corner of Block 29 to the southeast corner of Block 68, thence west to the southwest corner of Block 67, thence south to the southwest corner of Block 144, shall be level with the ground. Markers for single full size graves will be a maximum of twenty -four inches in length and twelve inches in width. Double markers for full size graves will not exceed thirty -six inches in length and twelve inches in width. Larger companion markers will be allowed only with prior approval by the parks and recreation manager or appointee. Markers for single cremain graves will be no more than twelve inches in length and six inches in width. Double markers for cremain graves will not exceed twenty -four inches in length and twelve inches in width. No ledger type markers will be allowed in any location; provided, that this section shall not apply to ledgers presently existing in the cemetery. All monument setting fees must be paid in full prior to the installation . of any monuments. Care and maintenance of headstones and monuments is the sole responsibility of the family of the deceased. M. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and it shall be the duty of the parks and recreation manager or appointee to remove all landscape features determined by him 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. N. Coping, fences, posts, and chains, and all wooden structures around lots, blocks or graves, are prohibited; and, if any inscription, monument, effigy or other structure which the parks and recreation manager or appointee deems offensive or improper is placed in or upon any lot or grave, the name shall be removed upon order of the said parks and recreation manager or appointee. 8 (Ik) ord cemetery fees 20013.jw O. 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. The placing of balloons, toys, ornaments, settees, and similar articles, upon plots shall not be permitted and if so placed, the cemetery may remove the same. P. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces will not be allowed during the period from April 1st to October 31st, with the exception of Memorial Weekend. Q. Receptacles for cut flowers must be sunk level with the ground, thus insuring the safety of such articles and facilitating the cutting of the grass from the grave. Tin cans sunk in the ground are prohibited. Receptacles must be approved by the parks and recreation manager or appointee. R. All employees or other workmen engaged in performing work within the confines of the cemetery shall be under the supervision and direction of the parks and recreation manager. Visitors must not interfere with the performance of duties of any employee or grounds-keeper. S. Lost and found articles are to be turned in to the Tahoma Cemetery site office. T. All paper and other rubbish must be deposited, by the person responsible therefore, in a receptacle provided for that purpose. U. As provided for by this chapter, any owner desiring to deed transfer or assign a part of his tract to another person must have a record of his deed transfer or assignment noted on the cemetery records and a copy of the transaction shall be kept in the cemetery office. V. The parks and recreation manager or appointee is authorized and directed to expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any of the foregoing rules. W. (1) 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. Under this plan, no lot(s) or service(s) can be used until property and service fees are paid in full. (2) Contracts will be signed and kept on file in the cemetery office. All contracts will 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 deed 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 twenty -four months. Any payment that is more than ten days past due will be assessed a one percent per month interest penalty on the unpaid balance. 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 9 (Ik) oM cemetery fees 2003 .jw monies 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. (3) 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 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. (4) 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 of Yakima for resale. X. Section "M" of the Tahoma Cemetery will have the following maximum marker sizes. Single grave upright marker will be no greater than 12" W x 24" L and no more than 48" high. Double upright marker may be no more than 12" wide, up to 57" long and no more than 48" high. Single flat markers will be no greater than 12" wide and 24" long and will be set flush with the ground. Double flat markers may be no more than 12" wide and up to 57" 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 274: for a total of 156 Blocks. Flat markers will be allowed in upright area. 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. That marker will be placed against the East edge of the existing marker. Each grave is 36" by 120." Section 2. This ordinance shall be is 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 15 th day of July, 2003 ATTEST: ary Place, Mayor Karen S. Roberts, CMC Publication Date: 7 -18 -2003 Effective Date: 8 -17 -2003 10 (]k) ord cemetery fees 2003 j BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. a 5 For Meeting of July 15, 2003 ITEM TITLE: An Ordinance relating to public services and utilities; setting cemetery fees, establishing maximum marker sizes, clarifying ownership interest acquired by purchases of cemetery lots; and amending Sections 7.04.080 and 7.04.090, all of the City of Yakima Municipal Code. SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager Larry Nelson, Tahoma Cemetery Supervisor CONTACT PERSON /TELEPHONE: Denise Nichols, 575 -6020 • SUMMARY EXPLANATION: The Yakima City Council approved Resolution R- 2003 -35 on March 4, 2003 authorizing development of Phase I, approximately 2.5 acres at the Cemetery. With development nearing completion it is necessary to amend sections of the Municipal Code to include prices, grave sizes, marker types and sizes, and other issues related to this new development. This Ordinance also amends certain terminology to more closely reflect current industry practices and allows the City to recover unexpected overtime costs resulting from late and lengthy internment services. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council approval of the attached Ordinance relating to fees and services at Tahoma Cemetery. BOARD /COMMISSION RECOMMENDATION: The Tahoma Cemetery Task Force has reviewed the proposed fees and supports the staff recommendation. COUNCIL ACTION: