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049 of 2001 - cemetery abandoned lots fees for services 0. 01-1 0 99-13 SALT LAKE CITY ORDINANCE No. 49 of 2001 (Cemetery - abandoned lots, fees for services) AN ORDINANCE ENACTING SECTION 15 . 24 . 195, SALT LAKE CITY CODE, PERTAINING TO ALTERNATIVE COUNCIL PROCEDURES FOR TERMINATION OF RIGHTS IN CEMETERY LOTS; AMENDING SECTION 15 . 24 . 130, PERTAINING TO PRICE PAID FOR GRAVESITES; AMENDING SECTION 15 . 24 . 220, PERTAINING TO CONTINUING CARE OF CEMETERY LOTS; AMENDING SECTION 15 . 24 . 230, PERTAINING TO CHARGES AND SERVICES TO LOTS; AMENDING SECTION 15 . 24 . 240, PERTAINING TO HEADSTONES, TOMBSTONES AND FENCES; AND AMENDING SECTION 15 . 24 . 290, PERTAINING TO FEES FOR CITY SEXTON/MAINTENANCE SUPERVISOR' S SERVICES . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 15 . 24 . 195, Salt Lake City Code, pertaining to alternative council procedures for termination of rights in cemetery lots be, and the same hereby is, enacted to read as follows : 15 .24 . 195 Alternative council procedures for notice - Termination of rights . (1) As an alternative to the procedures set forth in City Code Section 15 . 24 . 190, the city council may pass a resolution 1 demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than 60 years, file with the city recorder notice of any claim to the lot, site, or parcel . (2) The city council shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution shall notify the owner that the owner must, within 60 days after service of the resolution on the owner, express interest in maintaining the cemetery lot and submit satisfactory evidence of an intention to use the lot for a burial . (3) If the owner cannot be personally served with the resolution of the city council as required in Subsection (2 ) , the city council shall publish its resolution for three successive weeks in a newspaper of general circulation within Salt Lake County and mail a copy of the resolution within 14 days after the publication to the owner ' s last known address, if available . (4 ) If, for 30 days after the last date of service or publication of the city council ' s resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot for burial purposes, the owner' s rights are terminated and that portion of the cemetery shall be vested in Salt Lake City Corporation. 2 SECTION 2 . That Section 15 . 24 . 130, Salt Lake City Code, pertaining to price paid for gravesites be, and the same hereby is, amended to read as follows : 15 .24 . 130 What Price Includes : The payment specified in Section 15 . 24 . 120 of this Article, or its successor, shall not include payment for any of the services provided in any other article in this Chapter, but shall include payment for continuing care, which shall consist solely of filling the grave, placing topsoil thereon, filling and seeding the gravesite with suitable grass seed, and watering and cutting such grass until such time as the gravesite is transferred to another party. SECTION 3 . That Section 15 . 24 . 220, Salt Lake City Code, pertaining to continuing maintenance of cemetery lots be, and the same hereby is, amended to read as follows : 15 .24 .220 Lots - Continuing Care Required: A. All lots in the City cemetery shall be continually maintained by the City, whether sold with or without continuing care. Any lot that may have been sold without continuing care shall be subject to a charge of one hundred dollars ($100 . 00) per lot, to be collected from the lot owner or person interested in such lot, and in consideration of the payment of said sum the City shall continually care for and maintain such lot until said lot is transferred to another party. Upon any sale or other 3 transfer of any cemetery lot, a continuing care charge of one hundred dollars ($100 . 00) per lot shall be payable to the City by the transferee . B. No grave opening upon any lot shall be authorized by the City Sexton/Maintenance Supervisor if continuing 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 . SECTION 4 . That Section 15 . 24 . 230, Salt Lake City Code, pertaining to changes and services to lots be, and the same hereby is, amended to read as follows : 15 .24 .230 Lots - Changes And Services Restricted: No improvement, change or service, other than continuing care as defined in this Chapter, shall be made upon any gravesite 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 or services requested and approved. SECTION 5 . That Section 15 . 24 . 240, Salt Lake City Code, pertaining to headstones, tombstones and fences be, and the same hereby is, amended to read as follows : 4 15 .24 .240 Headstones, Tombstones And Fences - Grade Limitations : A. The owners of gravesites 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 a base of concrete no less than four inches (4") 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, gravesites 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 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 with the general slope of the land. 5 SECTION 6 . That Section 15 . 24 . 290, Salt Lake City Code, pertaining to fees for city sexton/maintenance supervisor' s services be, and the same hereby is, amended to read as follows : 15 .24 .290 Fees for city sexton/maintenance supervisor' s services . A. The city sexton/maintenance supervisor shall collect from those requiring his/her services, the following fees Monday through Saturday: 1 . For opening and closing a single infant grave of five feet in length or less, two hundred dollars for Salt Lake City residents and two hundred twenty-five dollars for non-Salt Lake City residents; 2 . For opening and closing a single adult grave for cement receptacle, four hundred dollars for Salt Lake City residents and four hundred fifty for non-Salt Lake City residents; 3 . Removal of the remains of any deceased adult person from one grave to another within the city cemetery, nine hundred dollars; 4 . Removal of the remains of any deceased adult person for interment outside of the city cemetery, four hundred fifty dollars; 6 5 . Removal of the remains of an infant from one grave to another within the city cemetery, four hundred dollars; 6. Removal of the remains of an infant for interment outside of city cemetery, two hundred fifty dollars; 7 . For the burial of cremains, one hundred fifty dollars for Salt Lake City residents and one hundred seventy-five for non-Salt Lake City residents . 8 . For opening and closing a double deep grave for Salt Lake City residents, five hundred dollars, and for non-Salt Lake City residents, six hundred dollars . 9. For opening and closing the top of an existing double deep grave for Salt Lake City residents, four hundred dollars, and for non-Salt Lake City residents, four hundred fifty dollars . 10 . For opening and closing a double deep grave to lower an existing grave, six hundred dollars . 11 . For marker monitoring fees : a . Single ground-level marker, twenty-five dollars, b. Double ground-level marker, fifty dollars, c . Upright marker, one hundred dollars . 7 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. For interments not completed by four p.m. on any day, a fee of one hundred dollars per hour shall be charged in addition to any other fees and costs provided in this chapter. C. For any burial on a Sunday or holiday, there shall be charged a fee of twice the Monday through Saturday rate for the service being provided. SECTION 7 . This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 14th _ day of June , 2001 . 9 Y‘ ) CHA4PERSON ATTEST: QEPUTYCRDER Transmitted to Mayor on ,Tune 18, 2001 8 Mayor ' s Action: /r Approved. Vetoed. MAYOR C6k142'°64.664-----C CHIEF DEPUTY I Y ECORDER . » % . g ������ a��wB�SrwoRe \&% �.;, .\� Salt Lake Ci Ao�sOi it ." Date § 6/ ; 4f2 )-1. .1 1 By & Em7 I. $ * 2 / !* : AL ./ -'I l « ■Ni. * . / __• of 2001 . P '•''' \.� ■, . . ^• ` :mow. g:\Ordina01\Cemetery - ssera lots and fees for sexton services - April 5, 2001 s,=.a: 9