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048 of 1993 - City Sexton/Maintenance SupervisorO 93-1 O 93-18 SALT LAKE CITY ORDINANCE No. 48 of 1993 (City Sexton/Maintenance Supervisor) AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SALT LAKE CITY CODE, RELATING TO THE CITY SEXTON/MAINTENANCE SUPERVISOR AND MARKER INSPECTION FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 15.24 of the Salt Lake City Code relating to fees for city sexton/maintenance supervisor's services, be, and the same hereby is amended as follows: Article I. General Regulations 15.24.010 15.24.020 15.24.030 15.24.040 15.24.050 15.24.060 15.24.070 15.24.080 15.24.090 15.24.100 15.24.110 15.24.120 15.24.130 15.24.140 15.24.150 15.24.160 15.24.170 15.24.180 15.24.190 15.24.200 15.24.210 15.24.220 15.24.230 15.24.240 15.24.250 15.24.260 15.24.270 15.28.280 * * * * * * * * * * * * Motorcycles prohibited. * * * * * * * * * * * * * * * Article II. Lots and Grave Sites * * * * * * * * * * * * * * * * * * Unused lots --Purchase by city sexton/maintenance supervisor authorized when. * * * * * * * * * * * * Article III. Interment and Disinterment * * * Burials --City sexton/maintenance supervisor authority. * * * * * * 15.24.300 15.24.310 15.24.320 15.24.330 15.24.340 15.24.350 15.24.290 Fees for city sexton/maintenance supervisor's services. * * * * * * * * * * * * * * * * * * Article I. General Regulations 15.24.010 Administration and enforcement. The city cemetery shall be under the immediate supervision of the city sexton/maintenance supervisor, under the direction of the director public services. It shall be the duty of the city sexton/maintenance supervisor to enforce the provisions of this title in respect to the city cemetery, and to perform such other work as may be required by the director public services. 15.24.020 Receipts deposited with treasurer. All receipts and cash received by the city sexton/maintenance supervisor in connection with his/her duties at the city cemetery shall be deposited with the city treasurer every Monday, Wednesday and Friday of each week, unless any such day is a holiday, and in that event the deposit may be made on the next succeeding depository day. 15.24.030 * * * 15.24.040 * * * 15.24.050 Motorcycles prohibited. It shall be unlawful for any person to ride a motorcycle within the limits of the city cemetery. 15.24.060 Unauthorized vehicles. 2 It is unlawful for any person to ride, drive or propel any vehicle, motorcycle, automobile or truck on property within the limits of the city cemetery on other than designated roadway without the prior written permission of the city sexton/maintenance supervisor. This section, however, shall not apply to restrict the use or operation of city maintenance vehicles within the cemetery. 15.24.070 Planting restrictions. * * * 15.24.080 Artificial flower displays. * * * 15.24.090 Dogs prohibited. * * * 15.24.100 Injuring or removing cemetery property prohibited. * * * Article II. Lots and Grave Sites 15.24.110 Sale authorized - Procedure. The city sexton/maintenance supervisor shall, upon application of a purchaser, sell grave sites in the city cemetery which shall be described by plat, lot or portion of lot. 15.24.120 Price for grave sites. * * * A. Adult Grave Site. B. Infant Grave Site. 15.24.130 What price includes. * * * * * * * * * 3 15.24.140 Installment contracts --Authorized when. A. The city sexton/maintenance supervisor may sell grave sites on installment contracts, provided that such contracts comply with the following provisions: B. 1. 2. 3. 4. * * * * * * 15.24.150 Installment contracts --Receipt of burial rights. At the time of the sale, the city sexton/maintenance supervisor shall issue to each installment purchaser a receipt of burial rights, which receipt shall be issued in consecutive serial numbers and shall describe grave site or sites in lots or portions of lots and plats in accordance with the official cemetery survey. 15.24.160 Duplicate certificates of burial rights. The city sexton/maintenance supervisor shall keep a duplicate of all certificates of burial rights issued by the city sexton/maintenance supervisor as part of the records of the city cemetery. 15.24.170 Installment contracts --Transfer by certificate. When the installment contract, provided by the provisions of Section 15.24.150, or its successor, is fully paid by the purchaser, or in the event full payment for the grave site or sites is made at the time of sale, the city shall transfer by 4 certificate of burial rights, signed by the mayor or the city sexton/maintenance supervisor for and on behalf of the city, the title to the burial rights in such grave site or sites to the purchaser, and such his/her heirs, successors and assigns, subject to the trust imposed upon the city with respect to the maintenance of the city cemetery as a burial ground for deceased persons. 15.24.180 Transfer of certificate --Recording fee. The fee for recording a transfer of the certificate of burial rights from the original purchaser to another party shall be fifteen dollars. No such transfer shall be binding upon the city until such transfer fee has been paid and the transfer recorded by the city sexton/maintenance supervisor. 15.24.190 Unused lots --City rights. If, for a period in excess of sixty years and one day of purchase of any cemetery lot, the grantee, or persons claiming through the grantee: A. Have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the sixty -year period have not given the city written notice of any claim or interest in the lots or parcels; or B. * * * 1. That they file with the city sexton/maintenance supervisor a written notice of claim or interest in and to 5 the lots or parcels accompanied by evidence of their claim within fifty days after service of a copy of notice of demand, or 2. * * * 15.24.200 Unused lots --Purchase by city sexton/maintenance supervisor authorized when. The city sexton/maintenance supervisor, when directed so to do by the mayor, may purchase for the city, with funds provided for that purpose by the city council, any unused lots or portions of lots located in the city cemetery. It is unlawful, however, for the city sexton/maintenance supervisor or any other employee of the city to trade, deal in or make a profit, directly or indirectly, out of any transaction involving the sale, purchase or transfer of any cemetery lot. 15.24.210 Recording of plats and conveyances. The city sexton/maintenance supervisor shall file with the Salt Lake County recorder all records required by state statute relating to cemetery plats and ownership thereof. 15.24.220 Lots --Perpetual care required. A. * * * B. No grave opening upon any lot shall be authorized by the city sexton/maintenance supervisor if perpetual care is owed upon such lot until the charge provided in this section is paid. The execution of an installment note in accordance with the provisions of this chapter shall be deemed payment in order to authorize grave openings. 6 15.24.230 Lots --Changes and services restricted. No improvement, change or service, other than perpetual care as defined in this chapter, shall be made upon any grave site by the owner or owners thereof without the prior written approval of the city sexton/maintenance supervisor for such changes or services, nor without payment to the city of the reasonable cost of all such improvements, changes approved. 15.24.240 Headstones, tombstones and fences --Grade limitations. A. The owners of grave sites or relatives of deceased persons buried in the city cemetery are required to erect, in a manner satisfactory to the city sexton/maintenance supervisor, headstones, tombstones or other suitable monuments at the heads of graves, with the name of the deceased person plainly inscribed thereon. Such headstones, tombstones or other suitable monuments shall be flush with the surface of the ground or have base of concrete no less than six inches larger than the marker on all sides which is flush with the surface of the ground. Further, all headstones, tombstones or other suitable monuments must be in an orderly row and reasonably in line with all other such markers in that plot. B. No person shall erect or maintain any fence, wall, corner post, coping, hedge or boundary of any kind upon any lot, grave sites or lots in the cemetery, nor grade the ground or land thereof. The city sexton/maintenance supervisor shall, whenever requested, furnish the true lines of such lots according to the 7 or services requested and a official survey, and shall prevent and prohibit any marking of the same, save and except by official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere 15.24.250 * * * with the general Article III. Burials must be slope of the land. Interment and Disinterment in cemeteries --Exception. 15.24.260 Burials --City sexton/maintenance supervisor authority. All interments in the city cemetery shall be under the direction of the city sexton/maintenance supervisor, who shall dig or cause to be dug all graves required for the burial of the dead. 15.24.270 Burials --Certificate of permit required. Before any interment, the city sexton/maintenance supervisor shall require of any person requesting interment a certificate of burial rights. Such certificate may be obtained by purchasing the same, if the applicant has not yet purchased the gravesite, or by presentation of a written permit from the owner or nearest relative of the owner thereof. All such certificates and permits shall be filed with the city sexton/maintenance supervisor and it is unlawful for any person to inter any person in the city cemetery without complying with the provisions of this section. 15.24.280 Permit requirements. The city sexton/maintenance supervisor shall not inter or permit the interment of any body unless it is accompanied by a burial, removal or transit permit issued in accordance with state 8 statutes and the Salt Lake City Code. The city sexton/maintenance supervisor shall endorse upon the permit the date of interment over his/her signature, and shall forthwith return it to the local registrar in accordance with state statues and this code. 15.24.290 Fees for city sexton/maintenance supervisor's services. A. The city sexton/maintenance supervisor shall collect from those requiring her/her services, the following fees: 1. * * * 2. 3. 4. 5. 6. 7. 8. * * * 9. For marker monitoring fees: (a) (b) (c) For purposes of this section, "ground -level marker" means a marker which can be passed over by the city's lawn mowers without obstruction. All markers which are not "ground -level markers" shall be known as "upright markers." B. * * * 9 C. For any burial on a Sunday or holiday, there shall be charged a fee equal to the city's actual additional costs above that for a day other than Sunday or holidays, but not to exceed three hundred dollars for regular burials and one hundred dollars for infant or cremain burials, which shall be in addition to any other fees and costs provided in this chapter. 15.24.300 Recordkeeping requirements. The city sexton/maintenance supervisor shall keep a record of all interments made, including cremations, in the city cemetery, which shall state the name of the deceased person place of death, date of burial, and name and address of the funeral director. These records shall be open to public inspection at all times. 15.24.310 Burial above ground prohibited. * * * 15.24.320 Burial of convicted murderers prohibited. * * * 15.24.330 Use of wood receptacles prohibited. A. B. * * * * * * 15.24.340 Disinterment and removal. It is unlawful for any person to disinter any body buried in the city cemetery or in any cemetery within the limits of Salt Lake City except under the direction of the city sexton/maintenance supervisor. Before disinterment, the city sexton/maintenance supervisor shall require a permit issued by 10 the board of health and a written order from the owner of the lot authorizing such removal, which order shall be filed and preserved by the city sexton/maintenance supervisor. All such removals shall be recorded by the city sexton/maintenance supervisor in a book kept for that purpose. 15.24.350 Death from contagious diseases --Disinterment conditions. * * * A. Use if funds. * * * B. Administration. * * * SECTION 2. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this (njeA day of 7..I..V12 , 1992. CHAIRR RSON ATTEST: ransmitted t`6 the Mayor on Jaye r9 9 3 . Mayor ATTEST: Bill 48 of 1993 Published June 18, 993 Approved rh , MAYOR 11 Vetoed APPROVED AS TO FORM Self Lake C Attorney's Office Dab