Loading...
HomeMy WebLinkAbout10/03/2017 14 Tahoma Cemetery Administrative Procedures; YMC Amendment 7.04BUSINESS 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: STRATEGIC PRIORITY: ful Public Trust and Accountability APPROVED FOR SUBMITTAL:cl*� '�~�City Manager STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description D cemetery ordinance summary Ordinance - YMC 7.04 Tahoma Cemetery - redline D Ordinance - YMC 7.04 Tahoma Cemetery - FINAL Upload Date Type 9113/2017 Cover Memo 8129/2017 Ordinance 8/2912017 Ordinance 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 cemeter. Grammatical updates. Uses gender neutral language. Reduces wordiness. No substantive changes. 7.04.070 FeesCemetery 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. 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 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 the -Fete ^^,., or h^r^;;ft^r made thereto shall hear the Ramp ;;Pd be known as "Tahoma Cemetery." Whenever in any of the ordinances, resolutions, regulations or orders of the s+ty Ge6IRs+I City Council said cemetery is nr may be referred to as the "city cemetery,-" or by any other name or designation} such reference OF nrnVisinn +h^r^in 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 Gity FnaRageF City Manager shall, subject to the approval of the sity Ge61Rs+I City Council, make sem# rules and r^nu lati^^s governing and concerning said- n^m^ter-y Tahoma Cemetery as may be required for the proper operation and management of said the cemetery and as may h^ ^^n^ss_ry tri Garr" iRtG ^ff^nt the Pr^"iciGRG Of this nhapt^r girl -A 1.1 Gth^r ^s OF re60I11ti^ris ^^rtai^i^n to swirl n^m^t^r" 49 The City Manager shall alse, subject to the approval of the Gity G06IRs+I City Council, fix a the schedule of prices to be charged and collected for all eeseld lots in said the cemetery and for any awl-;;" services rendered by the seFneteFy employees of the city cemetery_ for env anr7 SII in nr ahni it said n^m^t^r J , h The rules a r^^uis and said the schedule of prices t9 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 aey employees of the city cemetery f9F aRy and all p irnor -ahni it girl n^m^t^ry shall , ^vn^nt Whoro by law or orrlinann^ direr -ted to nn into snm^ nth^r fi inrl of the Git!y be turned over to the City Treasurer and by him placed in the cemetery fund of the city, its the ^61FPGs^ Of this nhapter tri r0e.ptip e_ the r0ell^mire of -AII fees girl nharn^s ROW 9 salary OF nOmPeRsatiOR ^r^snribed by the Gity GOO -Ari' 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, any a person `"^chin^ t^ a h'E)Gk or part the—re-of in Said n^m^t^ry shall pay to the n^m^t^ry cuff the nriGe th^r^nf make all payments required by this chapter before beiRg allowed to occupyi g any part of said pFepeFty Tahoma Cemetery. The cemetery staff, upon receiving the ME)Rey for any ci inh binnL or part there-of all required payments, shall issue to the ni ,rnhase 1) a sales agreement containing a correct description the of the cemetery block or part thereof, Wi4# the name of the purchaser, and the date of the purchase, apd ;niithip, thiny days thereafter ch-all fil^ r!i inlinate nnny Of ci inh sales agreem^nt Nith the Gity Glerk (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 Gity RgaRag^r Of the Gity Af Yakima City Manager or the City Manager's designee shall make execute a grave use permit from the pity of Yakima to the ni irnh-c^r of th^ hlnnL or part the—re-of rJ^cnrih^rJ by th^ I, �, Permit shall aeFlve�ed tG the P61Fvn•a�ve�- ed}�ttere+ niith - rE)py of the cel^c agFeeM^nt nrnyi` ed t^ the pity nlerk icci led by the n^m^t^ry cuff 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. c, ,^h gFave , GeFneteFy. It shall h^ atterted to by the pity nlerk of the pity of Yakima, `J anshall hey^ ise of sur--h Int(s) for the purpose of the interment of hum-an r^m�inc. The cemetery staff and the Gity ,.l^rl, shall eash keep sub# records of saf4 the sales agreement, grave use permits, endowment care agreement, and of any ;;Ad all other business transacted by or on account of the cemetery, as may be prescribed by the Gity maRager City Manager with subject to the approval of the Gity Geans+l City Council. Ne sale, #ap sf^r ^r h vithe, it the r^nc^nt of the Gity maRager eRdE)Fred in WFitinn th^r^nn (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 r-egulatk c. Following are the rules and r^n, lati including schedules of fees and charges, applicable to the operation of Tahoma Cemetery: A. Liner sizes are as follows: "Regular" & aff mean 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 of ` ppFoximately thiFty five by hirety ene greater than thirty-three by eighty-nine inches. B. Commencing daRuaFy 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 FIs 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 (r ORyetepap, ((lAdiyid. ialye4eran all $800.00 Section E (lots 24 and Q�QQII 320.00 25) Section F $703.00 Section G $703.00 Section H $703.00 Section 1 $703.00 Section J $703.00 Section K $703.00 Section L $693.00 7 Section M (flat marker $834.00 graves) Section M (upright $892.00 marker graves) City section $703.00 Masen+s F & AM $703.00 section Masonic I.O.O. F. section $703.00 Baby section /mwimi im 2_0 livor tee} (Undersized $291.00 L9.11 ((co,.+�= ((Right nTTT9 T'a Individual veteran (all (($342.00 ) 598.00 sections Above prices include mandatory endowment care fee. Columbarium Niche $964.00 Right of 7nr! mammcrTc Above prices include mandatory endowment care fee. Mausoleum Niches Niche, marble front (12" x 12") $727.00 Niche, smallestglass $65i.99 front (18" x 20") $748.00 Niche, moor glass $724.99 front (40" x 22") $916.00 Cn`Jnnimon+ n�ro Niche, 4-g-ge glass $7-99 front (46" x 40") $980.00 Crirlewmori+ r,;; Pp $192.99 Above prices include mandatory endowment care fee. 8 Opening and Closing Graves Regular liner $578.00 Oversized and j6IM199 $673.00 liner " \.., „ ,..., $213.00 Undersized liner Cremains $271.00 Mausoleum crypts $525.00 Niches $242.00 $x-99 Liners Regular liner $578.00 Oversized liner $769.00 " \.., „ ,..., $223.00 Undersized liner Cremains urn vault $289.00 (plus Washington State sales tax) Monument Settings Government marker $242.00 (veteran) Veteran's bronze marker on granite 24" $348.00 x 36" base Flat marker, 12" x up $251.00 to 24" Flat marker, 12" x $289.00 25"-36" Flat marker, 12" x $464.00 37"-48" Flat marker, 12" x $638.00 49"-60" Flat marker, 12" x $813.00 6111-7211 Upright marker, 12" x $289.00 up to 24" Upright marker, 12" x $385.00 25"-36" $78.00 Upright marker, 12" x $642.00 37"-48" Upright marker, 12" x $905.00 49"-60" Upright marker, 12" x $1,166.00 6111-7011 Each additional inch, $24.00 either way Ninho iPGGFiPti9R 61r, Setting fee + Alinho incnrintinn oanh $75.00 Alinho omhlom �$ r_+hi..ri�orl +co GettiRg nhaFge (WheR cot MdMAni IRgeRq rhaFge (when cot \N'Unnnl iRgep Galvanized vase ��� $94.0"Q� $21.00 /� 0 $21.00 Aeon vase $78.00 Galvanized vase setting with marker Aeon vase setting with 39.00 marker %`�Ii�ni�or7 v;;co Mc R�e hArdRF Aeon vase setting in $1 -9.99 $192.00 granite border Galvanized insert $21.00 Reset mts Setting fee + markers $75.00 cleanup charge 12 -inch marker $126.00 (cremains only) 16 -inch marker (cremains and baby $193.00 lots only) HE Urn/marker combination {fie ,dope rent Ar". OR $409.00 m�ri rl �tgri right of 2RG iA, immont foo\ (plus Washington State sales tax) Incidental Charges Disinterment, add regular or oversized (does not include $867.00* opening and closing of new grave ifrel„-aiep i nn Tn-r-ranvmu) Disinterment, baby undersized (does not include opening and $482.00* closing of new grave 4 relgn-atiep ir, Tahgma) Disinterment, cremains (does not include opening and $338.00* closing of new grave if * Grave use tri permit transfer processing fee {fie $36.00 104 Historic register copy $13.00 Saturday g%e a.Fn. burial— $430.00** Standard Saturday g1�e a.Fn. burial— $289.00*** Cremains Overtime charge $72.00**** (Ne Saturday Ghapel h, irials cashed- o.d aftor 1 1 •00 g m \ (Ne Saturday graveside h, irials cashed- pled- aftor 1.1.•-20 g m \ m *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 f^r f, -11 ;zp *** Includes up to &�x three staff hours total and one staff member #ef rrom�in_ 7 P hi iri;;l **** 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. G 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, aPA 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 m-Pnanor Parks and Recreation Manager or appointee. P-. E. The Size of grave linorc OF v -PI 05-3 in _II n-Acoc is rlo4orminor! by the fi inor;;l rliron4nr i•Rc nharno. I• 9 1hlo door iRte FRgeRtG shall r RIR be pemgitted if aFFaRged r�rir\r 4r.2001 4G ma the "Ii„iriRg Gt All graves shall be numbered with a permanent number_ The 12 cemetery staff shall keep an accurate record Dept of the name of the decedent and the number of the grave. 1= F. A maximum of four cremains may be placed on an occupied full-size lot-.-Th+s Phe -arurvempaRied with the proper notarized authorizations from the lot owner armor the next of kin. A maximum of fe6* six cremains may be Opterred placed on an #-11-size unoccupied full-size lot. All nrema+inns n-aGed- OR nd•d•i ivied- OF , innd•d•i ivied- In+s are regi aired- to pay right of sed•nnd- in, irnmen+ fees. Full-size lots may not be divided and sold as individual cremains lots by a private owner fey pFef+t. GDersnns �Nith d-ngs shall nn+ be Permit+ed- to enter the remoter" grounds. A Person may not bring a dog into Tahoma Cemetery. The speed- limit far „ehiG11Iar +rafPid• Yn,ithin +he deme+en, is es+ahlishedl at fifteeri miles ger he, ,r Cad•h "inlatinn of this gndl s+.,+e Ig,.,s 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. Gr. I. Notification d and payment for interment or disinterment must be received +a by the cemetery office at least one business day in advance of such interment or disinterment. The cemeterystaff sae may limit the number of services scheduled on any given day_ aF44 The cemetery staff saa may require services to be rescheduled if n, lhlinatinri of said- ser"id•e Yn,as d-nne nrinr to rintifinatinri heiRg reGei„ed- the service was published prior to receipt of notification. T#Fs 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. 1, J ” burial permit must, in all Gases he filed- �e,i+h the The Tahoma Cemetery office must receive a burial transit permit for the decedent before interment. A. d-ea+h ,.er+ifid a+e m66+ in all Gases he filed- wi+h +he The Tahoma Cemetery office must receive a death certificate for the decedent before inurnment. JL K. The cemetery staff reserves and- shall have the right to may correct any errors that may he made by +he nameter„ either in g related to interments, disinterments, +e the description of a cemetery block or part thereof, +rte or the conveyance of af�y a cemetery block or part thereof. either by Gand•eling s, ,d•h selected by Tahnma r--P-RqeteFy Of gal "al a arid- I;TP40Iar Ind•atinri• OF, at the SeIe dlisd•re+inn of the d•emete n, by ref, ,ndling the amp, ,n+ of mgrs" raid- OR ad•d•n, ,n+ of said - ase. 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 error shall irn,nh,e the interment of the remains of arn, nersnn in s, ,d•h nrnner+" the The cemetery staff reserves the right to may remove and reinter the remains to such Ather 13 substituted property L. All interments must be made in cement liners, r0emen+ v -a ,I cremains va, ilts liners, or steel mss, liners `""+h +he even+inn of ^rem -Pins M4hi^h mi is+ be in _n Urn va l 2808. GeFneRt All liners shall be made according to specifications designated by the parks anr- manager Parks and Recreation Manager or appointee. ale -grave shall h^ ee^pier- el: ^Ieser- ;" +her +hag emele"ees of the ^i+" of VakiThe Funeral Director shall determine the size of grave liner to use in all cases. M. No arave shall be opened or closed by anvone other than emplovees of the Citv of ORIg1INR L-. N We +emhs shell he erer+ed en +en of the erei inr- A tomb or personal mausoleum may not be erected on top of the ground. We Ste -Re er merker shell he pile^ed ee aR A6G61pied errn,e site , ,e+il all ^eme+er" fees ere paid ie f, ,II A marker may not be placed on a gravesite until all marker setting fees are paid in full. We Stene or m-arker shall he planer- at a ere Reed er_A„esi+e , ,e+il said gFayesi+e is p, -Air- fer ie f, ,II 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 men, iments markers and vases shall be built by the 61ty City of Yakima erg or an approved vendor, at the expense of the owner. All foundations must be have a three to six inches la-KjeF wide border alt around thaR the base of the menmvnammc^i marker. The border must have t8 a depth of four to six inches. , aind-Baia The foundation must be flush with the ground level. All marker bases must be made of aranite or marble. No sandstone or artificial base will be permitted. C^^+s+eees ,.,ill Pet P. All memvrt^aimrrtcr^^r+cs markers must be set in line according to the cemetery survey except on the tracts of irregular shape; men- rr markers in the west row of each block must face west, menirr markers in the east row of each block must face east, all markers in Section M must face east^^^rrliee +e the ^eme+er” s, ,r"ev; ev^ee+ OR +he +rR^+s of het ine the se++inn The Parks and Recreation Manager or appointee shall determine the setting of markers on the tracts of irregular shape. All fer mep„ made of nr-apii+e el: m-arble Isle s_er-s+gee Or ar+ifi^ial h -se Y.,ill he Permitter - 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 he a maxim, ,m of 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 14 double markers may not exceed sixtv inches in lenath and twelve inches in width ever t,n,e f. ,II size graves Larger GOFFIpaRiOR markers may be allowed erg with prior approval by the parks a^dl red reatieri Mariager Parks and Recreation Manager or appointee. Markers for single cremains graves ;e,ill be Re mere than may not exceed twenty-four inches in length and twelve inches in width. Double markers for two cremains graves will may not exceed twenty-four inches in length and twelve inches in width ^;;^r t,,,,n d•r^eves 4G Iedgg^ei: type Ledger -type markers will not be allowed in aRy lesa#ieR;- the cemetery pFevided that this +inn shell nn+ apply to except ledgeFs ledger -type markers presently existing in the cemetery. "" M^^ (Merit setti^g fees M. ,6t he paid OR f, ,ll Prier to the ir,%tall^tier of ar,., Mer,. ,,,,er,ts Flat markers shall be set flush with the around. T Care and maintenance of h^adlst^^^c ^^^' "'^^ ""^^+c a marker is the sole responsibility of the family of the deceased. Tahoma Cemetery and the city Cityof Yakima are not responsible for damage to h^a`r�s+^v^rn^s markers that is caused by weather or by the actions of persons not employed by the Goy Cit rr of Yakima. 1, U. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and i+ shell he the dl„ty of the Parks ar,dl red•reatieri M^"ager 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? r^dr^atinn Manager Parks and Recreation Manager or appointee, they shall be removed. N, V. Coping, fences, posts, and chains, and all wooden structures around lots, blocks, or graves are prohibited_ , W. aRy Any inscription, men, iment marker, effigy or other structure which the s ardl red reatieri Manager Parks and Recreation Manager or appointee deems offensive or improper' , laeed ir, OF , ,ger, aRy let er era„^ the r,aMe shall be removed upon order of the said narks and r^dr^atinn Manager Parks and Recreation Manager or appointee. 0- 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 paFkS d r^d•r^atien 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. PL 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 , the ,S er,s6 ,rine the safety of si id•h artinl^s and! fa Gilitating the G fitting of the grass from the grave Tin cans sunk in the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by the parks ar,dl red reatieri 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 narks ands r^dr^atinn 15 maRager Parks and Recreation Manager. Visiters A person m, ist may not interfere with the performance of duties of any employee or groundskeeper. Lost and found articles arms shall be turned in to the Tahoma Cemetery _.=e office. CC. 411 Paperand- other n ihhish must be rdeposited by the Person FesPnnsibl 1 , therefor, in a FeGeptaGle provided for that p irpese A person shall deposit all paper and other rubbish that person is responsible for in a receptacle provided for that purpose. JUL DD. As provided for by this chapter, aR GWRer a person deSlo may transfer or assign a-paFt 9 histraet that person's block or a part thereof to another person provided that m, ist have a record of #+a the transfer or assignment is noted on the cemetery records anrd a GnPY of the trans__+inn shall be Left in the Geme+ePi nffio^. The cemetery staff shall keep a copy of the transaction in the cemetery office. VL EE. The Parks aPrd renreatiGP m -Pager Parks and Recreation Manager or appointee is ai ithnrrd and- direr --ted- to shall expel from the cemetery any person disturbing its sanctity by boisterous or other improper conduct, or who shall violate any of the fgreggiPg F61 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 GAY Cityof Yakima. W RdeF thiS plaR, nn In+/s\ sePiine/s\ OF mnni invent/s\ Gan be i 1serd nF PlaGerd i inti, Pr�nPPeFty feeS cervine fees, anrd mnni invent set+inn fees are paid in f6ill. 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. {2} GG.r^Wiifays "^II be sigPerd aPrd kept GP file iP +he neme+epi GffiGe 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 ^Faye 616e Permit to the Gere In+/s\ he moiler! from the G y of Yakima GIerk's GffiGe tg the .'At GYmer WithiP thirty clays of fiPal PaymeP+ 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. {3} HH. The Public Works Director and Parks aPrd renreatiGP maRager 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 PaFks anrd renreatinn manager Parks and Recreation Manager bef^Fe aGGeptanGe All contracts will constitute a personal obligation on the part of the purchaser(s) and al&e shall be binding on the purchaser(s)' heirs, successors, and assigns. M The cemetery staff shall keep all sianed 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 -perms# seven years with no contact from the owner(s), after attempt by certified mail to contact, shall revert back to the Gity City of Yakima for (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. YL 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. T -hp- SP -^^n,- nromatign in a ninhe mi ict pay right gf �o..gr.� it rrimorit foot as Feq uiFed by Tahgma GeRgetor., 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. ZL MM. All inscriptions on the columbarium niches shall be of similar style and size. A4 incgrrnr 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 narks and m-Ariage Parks and Recreation Manager. Vases will be allowed only at the discretion of the nark ronro-atioR 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. 17 PASSED BY THE CITY COUNCIL, signed and approved this 5t" day of September, 2017. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: Kathy Coffey, Mayor 18 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: ►AIZ'91S Di znn171 n IT1=11 # 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 lots 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 E9 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 $703.00 Section B $703.00 Section C $703.00 Section D $865.00 Section E $800.00 Section E (lots 24 and 25) $320.00 Section F $703.00 Section G $703.00 Section H $703.00 N9 Section 1 $703.00 Section J $703.00 Section K $703.00 Section L $693.00 Section M (flat marker $834.00 graves) Section M (upright marker $892.00 graves) City section $703.00 F & AM section (Masonic) $703.00 I.O.O. F. section $703.00 Baby section (Undersized $291.00 liner) Individual veteran (all $598.00 sections) Above prices include mandatory endowment care fee. Columbarium Niche $964.00 Above prices include mandatory endowment care fee. Mausoleum Niches Niche, marble front (12" x $727.00 12") $673.00 Niche, glass front (18" x $748.00 20") $271.00 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 R 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 $242.00 (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"— $385.00 36" Upright marker, 12" x 37— $642.00 48" Upright marker, 12" x 49"— $905.00 60" Upright marker, 12" x 61"— $1,166.00 70" Each additional inch, either $24.00 way Galvanized vase $21.00 Aeon vase $78.00 Galvanized vase setting $21.00 with marker Aeon vase setting with $39.00 marker Aeon vase setting in granite $192.00 border Galvanized insert $21.00 22 Reset markers 12 -inch marker (cremains only) 16 -inch marker (cremains and baby lots only) Setting fee + $75.00 cleanup charge $126.00 $193.00 Urn/marker combination $409.00 (plus Washington State sales tax) Incidental Charges Disinterment, Regular or Oversized (does not include $867.00* opening and closing of new grave) Disinterment, Undersized (does not include opening $482.00* and closing of new grave) Disinterment, cremains (does not include opening $338.00* and closing of new grave) Grave use permit transfer $36.00 processing fee Historic register copy $13.00 Saturday burial—Standard $430.00** Saturday burial—Cremains $289.00*** Overtime charge $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 23 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. 24 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. O. 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 25 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 99 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. 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. 27 PASSED BY THE CITY COUNCIL, signed and approved this 5t" day of September, 2017. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: Kathy Coffey, Mayor