HomeMy WebLinkAboutItem 04 Approval to Proceed with Ocoee Cemetery Clean-up and Beautification Improvements ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 3, 2020
Item #: 1-1
Reviewed By:
Contact Name: Mark Johnson Department Director: Mark John- ,
Contact Number: Ext. 5002 City Manager: Robert Fr �// "
Subject: Approval to Proceed with Ocoee Cemetery Clean-up and Beautification Improvements.
Commission District#2— Rosemary Wilsen
Background Summary:
The Ocoee Cemetery is located at 368 E. Geneva Street, west of Bluford Avenue and north of Maine Street at
the terminus of Richmond Avenue near the current development project known as City Center West Orange. In
January, City staff met with the City Attorney to discuss how to proceed with enforcement of the code and allow
for clean-up efforts of the Ocoee Cemetery. Most recently, the Parks Department has completed the installation
of the fence along the east side of the cemetery property line and installation of new improved signage with the
Cemetery Rules and Regulations at the entrance. Additionally, there is funding in the budget for another
columbarium to be installed, which will be ordered within the next few months. During the last several budget
sessions, concerns regarding the condition of the Ocoee Cemetery were shared by members of the Commission;
therefore, staff is proposing the following:
Phase 1: A ninety (90) day compliance notice be provided to cemetery plot owners in the form of 1) Legal
advertisement, 2) Notice postings at the Ocoee Cemetery, and 3) Letters sent to addresses on file; further,
advising plot owners to come into compliance with the current Ocoee Cemetery Rules and Regulations. If
compliance is not met by the timeframe provided, City staff will proceed with compliance.
Phase 2: Allow staff to aide in the clean-up and beautification of the cemetery by removing unwanted or
diseased trees; and further, budget for new decorative fencing (back side of the cemetery), turf/ landscape,
additional parking, and add irrigation in the upcoming FY20/21 budget.
Issue:
Should the Honorable Mayor and Commission approve staff to proceed with Phase 1 of the Ocoee Cemetery
Clean-up and Beautification Improvements; and further, budget Phase 2 in FY20/21?
Recommendations:
Staff recommends the Honorable Mayor and Commission approve staff to proceed with Phase 1 of the Ocoee
Cemetery Clean-up and Beautification Improvements; and further, budget Phase 2 in FY20/21.
Attachments:
Chapter 61- Cemeteries
1
Financial Impact:
Funding up to $10,000 already budgeted in FY19/20. Phase 2 will be budgeted in FY20/21.
Type of Item: (please mark with an "x")
❑ Public Hearing For Clerk's Dept Use:
E Ordinance First Reading ® Consent Agenda
❑ Ordinance Second Reading 0 Public Hearing
O Resolution 0 Regular Agenda
❑ Commission Approval
® Discussion& Direction
O Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
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Chapter 61 - CEMETERIES
[HISTORY: Section 2 of Ord. No. 2012-016, adopted 9-18-2012, repealed and replaced,
in its entirety, Ch. 61, to read as herein set out. Former Ch. 61 pertained to the same
subject matter and derived from Ch. 7 of the 1977 Code of Ordinances, amended in
its entirety by Ord. No. 89-22, adopted 9-5-1989, and further amended by Ord. No.
92-04, adopted 4-21-1992; Ord. No. 92-20, adopted 9-1-1992; and Ord. No. 95-15,
adopted 5-2-1995.]
§ 61-1. -Authority.
The use and care of the cemetery are subject to the management and control of the Ocoee City
Commission through this Chapter of the Code of Ordinances of the City of Ocoee and the Ocoee
Cemetery Rules and Regulations. The City Commission reserves the right to make, amend, and
repeal such regulations and policies, as it deems appropriate. The City may, at any time, amend or
waive any of its Cemetery Rules and Regulations.
(1) As a municipal facility, the cemetery is exempt from licensure under the
provisions of Chapter 497, Florida Statutes. However, since the cemetery
exceeds five acres in total area, the mediation procedure authorized under §
497.269(3), Florida Statutes, is available to plot owners and subscribers.
(2) The City, in its ownership, management, and operation of the cemetery, does
not deny burial space to any person because of race, creed, marital status, sex,
national origin, color, or religion. There are no specifically designated spaces for
use by persons whose religious code requires isolation.
(3) Under the authority granted by § 497.273, Florida Statutes, the City is the
exclusive provider of services related to the interment, entombment, or
inurnment of human remains, including the exclusive right to open, prepare for
interment or inurnment, and close all ground, mausoleum, and urn burials.The
City is also the exclusive provider of initial preneed and at-need sale of
interment, inurnment, and all other burial rights within the cemetery, and may
establish minimum standards for burial merchandise or the installation thereof.
§ 61-2. - Management, operation and maintenance.
The Commission, through the City Manager and his designees, shall manage, operate, and
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maintain the municipal cemetery subject to any limitations and restrictions set forth herein or
contained in applicable law and subject to any future regulations that the Commission may impose.
§ 61-3. - Establishment of rules and regulations.
The Commission shall establish, and adopt by resolution, the rules and regulations for the use
of the cemetery relating to:
A. Subdividing the cemetery into burial and inurnment plots and providing
columbarium structures for the storage of cremated remains.
B. The capacity of each plot and niche.
C. The location and specifications of grave spaces, monuments, borders, and other
elements of a burial site.
D. The specification, provision, operation, marking, and maintenance of niches for
the storage of cremated remains.
E. The price of burial and inurnment plots and columbarium niches.
F. Maintenance of the cemetery and all matters relating to its upkeep.
G. The conduct of persons on said cemetery premises for any purpose whatsoever.
H. The rights of plot owners to transfer ownership to another party and to
designate the persons with the right to use a plot.
I. The rights of columbarium niche subscribers to transfer a subscription to
another party and to designate the person with the right to use a niche.
J. Hours of operation.
K. Monuments.
§ 61-4. - Superintendent; appointment and removal.
The City Manager shall appoint a Superintendent of the municipal cemetery. The
Superintendent shall be subject to removal at any time by the City Manager. The City Manager may
choose to act as the Superintendent of the cemetery and not appoint a second individual.
§ 61-5. - Powers and duties of Superintendent.
A. Direction of cemetery. The Superintendent shall look after and take proper care
of the cemetery and see that no plot therein is used or occupied in violation of
this Chapter or of any rule or regulation promulgated by the Commission.
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B. Supervision of interment. The Superintendent shall see that all graves are
properly dug and that the human remains are properly interred therein in
accordance with the rules and regulations adopted by the Commission.
C. Supervision of inurnment. The Superintendent shall see that all columbarium
niches are properly opened and closed and that cremated remains are properly
placed within the appropriate niche in accordance with the rules and
regulations adopted by the Commission.
D. The Superintendent or his designated representative must mark the location for
any interment, inurnment, or monument within a plot following the
identification of the appropriate grave space or inurnment site by the
Administrator and the payment of any required fees. Following the interment or
inurnment of a deceased person, or the installation of a monument, the
Superintendent shall confirm that the action occurred in the appropriate
location and in accordance with any permit issued and these Rules and
Regulations. Any noted issues shall be promptly reported to the Administrator,
who shall notify the decedent's authorized representative in writing via certified
mail regarding the nature of the issue(s), the time allowed for correction, and
other pertinent information.
E. Maintenance of order. The Superintendent shall see that order is maintained at
all times on the cemetery grounds, that all workmen are properly supervised,
and that any persons who violate any of the rules and regulations of the chapter
or any other rules or regulations of the city shall be expelled immediately from
the cemetery premises.
§ 61-6. -Administrator; appointment and removal.
The City Manager shall appoint an Administrator of the municipal cemetery. The Administrator
shall be subject to removal at any time by the City Manager. The City Manager may choose to act as
the Administrator of the cemetery and not appoint a second individual.
§ 61-7. - Powers and duties of Administrator.
A. Cemetery records. The Administrator shall ensure the accuracy and integrity of
the cemetery records and see that no plot therein is used or occupied in
violation of this chapter or of any rule or regulation promulgated by the
Commission. The Administrator is responsible for:
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(1) General: Recording the purchasers of grave spaces, the subscribers of
columbarium niches, the persons legally authorized by owners and
subscribers to represent their interests, and the persons who have been
assigned burial and inurnment rights by owners and subscribers.
(2) Burial and inurnment plots: The maintenance of detailed records for the
burial capacity of each plot, sold and unsold; the location of each grave;
the names of the persons interred or inurned in each grave space; and the
date of interment or inurnment.
(3) Niches: The inurnment capacity of each niche, subscribed and
unsubscribed; the location of each niche; the names of each person for
whom a niche subscription has been designated; the names of the persons
inurned in each niche; and the date of inurnment.
B. Determination of burial and inurnment rights. The Administrator shall see that
all burial and inurnment rights are properly identified in accordance with the
rules and regulations adopted by the Commission. The Administrator is
responsible for properly identifying owners of plots, designations of grave space
usage, subscribers to columbarium niches, and legally authorized
representatives and addressing other matters pertaining to the identification of
persons with burial and inurnment rights and the grave spaces and/or niches to
which those rights apply.
C. Reporting. The Administrator has the responsibility to make reports and meet
any other requirements of State law, this Code, and applicable rules and
regulations governing the property and operation of the cemetery.
§ 61-8. - Cemetery plots; ownership; title; records.
A. The ownership interest in a cemetery plot is in fee simple and provides the right
to use a plot designated in the cemetery deed for cemetery purposes only,
together with the right and privilege of interment or inurnment of human
remains; provided that such use shall be subject to the provisions of this
chapter of the Code of Ordinances of the City of Ocoee and any and all
ordinances, resolutions, and regulations currently in effect and which may from
time to time be adopted by the Commission with respect to cemetery plots. Title
to a cemetery plot may be evidenced by a cemetery deed or by such other
documents as may be acceptable to the Administrator. The grantee under such
evidence shall be deemed to be the "plot owner," unless otherwise indicated by
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the records of the City. The title to a cemetery plot vests in the owner(s) the
right to use said plot for burial purposes only for themselves, their heirs, or for
any such person they may choose to designate; provided that, in the event that
a person other than the plot owner is designated to be buried or inurned in the
cemetery plot, the plot owner shall not receive any payment or other
compensation in connection with the designation of the cemetery plot for the
use of such other person. Designation of burial rights from a plot owner, in
writing, must accompany all requests for permits to inter or inurn deceased
persons who are not members of the immediate family of the plot owner, and
such designation shall comply with all ordinances, resolutions, and regulations
of the City and the State of Florida.
B. An easement is granted by the City to plot owners to access their plot(s)via the
common area owned by the City. An easement is granted to the City by the plot
owner for the City to access the plot and to perform those services necessary
for the management and operation of the cemetery. The City reserves the
perpetual right of ingress and egress over all plots, and the City reserves the
right to change, modify, or replat any part of the cemetery not sold for burial
purposes or which has been subsequently abandoned by the private owner and
ownership transferred to the City. The City has the right, but not the duty, to
repair or maintain any plot and to increase the size of any plot already sold for
burial purposes to conform with current lot size requirements so long as no
charge to the owner is made for such increased size and the enlargement does
not infringe on any burial plot owned by another private party.
C. To the extent permitted by law, all plots are exempt from taxation and cannot
be seized for debts, nor can they be mortgaged.
D. Cemetery plots may not be sold or transferred to a third party but may be
returned to the City for the original price paid. It is incumbent upon the owner
of the plot to establish the price paid. If the price cannot be established by the
owner, then the Administrator may establish a price for the purposes of
returning the plot to the City based on historical research for sale prices of lots
in the same area or time frame.
E. Documentation of current ownership will be required for all transfers or for all
designations and authorizations of interment, inurnment, and other burial
rights. Such documentation is the responsibility of the owner(s) or such person
who seeks to establish burial rights. The absence of appropriate documentation
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will prevent the sale, transfer, authorization, or recognition of
interment/inurnment rights. The City will make no assumptions as to the intent
of the original owner.
F. The use of any portion of an interment or inurnment space will preclude a
subsequent return of a plot to the City. The term "use" includes interments,
inurnments, and/or the installation of a memorial.
G. The Commission shall cause the City Manager or his designated Administrator
to keep full and complete records of the ownership of all plots in the cemetery
as provided in § 61-7A; however, the Commission recognizes that the cemetery
was acquired after numerous plots had already been sold by previous owners
of the facility and records at the time of acquisition were incomplete.
H. Under the terms of§ 497.286, Florida Statutes, as may be amended from time
to time, owners of burial plots are required to furnish the City with their
residential address. A plot owner shall be found to have abandoned ownership
of all unused plots if the City is unable to contact the owner by mail for a period
of five or more years. Abandonment proceedings may be instituted by the City
in the absence of timely notification of address by the plot owner to the City.
The City shall retain the right, but not the obligation, to seek authority from a
court of competent jurisdiction to quiet the title of any plot for which ownership
is in question or for those plots deemed to have been abandoned under the
provisions of§ 497.286, Florida Statutes.
I. Designation of use for each burial plot shall be made by the owner at the time
of purchase for purchases made on or after September 30, 2012. Designations
may be changed at a later date by filing the appropriate forms with the
Cemetery Administrator.
J. Ownership of a plot or other burial right by a private party does not impose an
obligation on the part of the City to maintain any grave site.
§ 61-9. - Columbarium niches; subscriptions; right of use; records.
A. Columbarium niches are acquired by subscription for the perpetual storage of a
designated person's cremated remains. A niche subscription in a columbarium
does not confer any ownership rights to the columbarium or the niche that is
the subject of the subscription; the City remains the owner of each
columbarium and each niche contained therein. A niche subscription grants the
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subscriber the perpetual right to use said niche for inurnment purposes only for
themselves, their heirs, or for any such person they may choose to designate;
provided that, in the event that a person other than the subscriber is designated
to be inurned in the niche, the subscriber shall not receive any payment or
other compensation in connection with the designation of the niche for the use
of such other person. Designation of inurnment rights from a subscriber, in
writing, must accompany all requests for permits to inurn the cremated remains
of a deceased person who is not a member of the immediate family of the
subscriber, and such designation shall comply with all ordinances, resolutions,
and regulations of the City and the State of Florida.
B. An easement is granted by the City to subscribers to access their niche(s)via the
common area owned by the City.
C. To the extent permitted by law, all niche subscriptions are exempt from taxation
and cannot be seized for debts, nor can they be mortgaged.
D. Niche subscriptions may not be sold or transferred to a third party but may be
cancelled and a portion of the subscription fee returned to the subscriber
subject to the rules and regulations of the City.
E. Documentation of the subscription will be required for all subscription
cancellations inurnment designations, and authorizations of inurnment. Such
documentation is the responsibility of the subscriber or such person who seeks
to establish inurnment rights. The absence of appropriate documentation will
prevent the cancellation, designation, authorization, or recognition of
inurnment rights. The City will make no assumptions as to the intent of the
original subscriber.
F. The Commission shall cause the City Manager and/or his designate
Administrator to keep full and complete records of: subscribers to niches in the
cemetery as provided in § 61-7A.
G. Under the terms of§ 497.286, Florida Statutes, as may be amended from time
to time, subscribers of inurnment niches are required to furnish the City with
their residential address. Correspondence mailed by the City to the subscriber
at his or her last known address will be deemed received by the owner seven
days after the correspondence is sent. Should such a notice be returned due to
the relocation of the subscriber or is otherwise undeliverable, the reservation
shall be considered to be terminated after five years during which the
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subscriber fails to timely provide a new mailing address to the Administrator.
Abandonment proceedings may be instituted by the City in the absence of
timely notification of address by the subscriber to the City. No refund of any
paid fees will be provided should a reservation be canceled in the manner
herein described.
H. Designation of use for each niche shall be made by the subscriber at the time
subscription is made. Designations may be changed at a later date by filing the
appropriate forms with the cemetery Administrator.
§ 61-10. -Violations. [Amended 3-5-2013 by Ord. No. 2013-004]
Any person violating any provision of this Chapter and its implementing rules and regulation
commits a violation and shall be subject to the requirements as provided in Chapter 16, Violations,
of the Code of Ordinances of the City of Ocoee, including Notices of Violations, Fines and
Procedures, and Hearings to Contest a Notice of Violation. Each day that such violation is committed
or permitted to continue shall constitute a separate violation.
§ 61-11. - City cemetery.
The city cemetery is the facility located at 368 East Geneva Street, Orange County Parcel No.
20-22-28-6141-01-000, consisting of 6.68 acres, more or less, which shall serve as the municipal
cemetery of the City. Unless otherwise noted, all rules and regulations adopted by the Commission
governing the operation and maintenance of cemeteries apply to the city cemetery. This cemetery is
not a perpetual care facility.
§ 61-12. - Exemptions and modifications.
Special cases may arise in which the literal enforcement of any rule may impose unnecessary
hardship. The City Commission, therefore, reserves the right, without notice, to make exceptions,
suspensions, or modifications when, in its judgment, they appear advisable and temporary
exceptions, suspensions, or modifications shall in no way be construed as affecting the general
application of this Chapter.
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