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HomeMy WebLinkAboutItem #17 Repeal and Replacement of Chapter 61 of the Code of Ordinances of the City of Ocoee Governing Cemeteries e c enter of Good, , .�r i 2 AGENDA ITEM COVER SHEET Meeting Date: September 18, 2012 Item # 1 1 Reviewed By: ✓' Contact Name: Al Butler Department Director: - l / '' Contact Number: 407 - 905 -3100, ext. 1543 City Manager: , Subject: Repeal and replacement of Chapter 61 of the Code of Ordinances of the City of Ocoee governing cemeteries — Second Reading. Adoption of Cemetery Rules and Regulations. Adoption of prices for cemetery products and services. Background Summary: The Ocoee City Cemetery was created on July 12, 1921, as a private effort when O.F. and Stella Sims donated most of the original Lot 11 in Block 5 of the Ocoee development to the Ocoee Cemetery Association. The cemetery plat was filed later that year and burial plots began to be sold; adjacent lands were added and subdivided into plots over the years. Through a series of actions, the City Commission became the cemetery association's board of directors. Eventually, references to the cemetery association disappeared from the records and the City directly undertook the role of cemetery owner and manager. Chapter 61 (nee Chapter 7) of the Code of Ordinances of the City of Ocoee was created in 1977 to establish the rules for operating the cemetery. It also addresses the manner in which burial plots are sold. The current version of that Chapter was substantially adopted in 1989 with sections revised in 1992 and 1995. The last new burial plots were platted in 2001. With all the plots now being sold and an increasing number of the city's residents choosing cremation instead of burial, the City decided to add a columbarium in order to offer spaces for inurnment of cremated remains. The columbarium is now under construction where a pavilion was previously located in the southeastern portion of the cemetery. Changes to Chapter 61 are required to be able to manage this new aspect of the cemetery operation. Also motivating changes to cemetery procedures is the absence of records from earlier years of cemetery operation, with the result that there is little information on the owners of hundreds of empty burial plots that remain from the years of the Ocoee Cemetery Association. Under Florida law, abandoned plots can be declared vacated and sold again. More formal methods of identifying those persons with burial rights are required. The first reading of the ordinance to modify Chapter 61 was conducted at the June 19 City Commission meeting under Agenda Item No. 8. The second reading and adoption is now proposed. Since the first reading, staff has undertaken procurement of contractor services related to interment and inurnment activities. The award of that contract was made by the City Commission at its August 21, 2012 meeting. Staff subsequently negotiated final prices with the selected contractor, Quality Vaults and Monuments, Inc. (Ocoee, FL) and made slight modifications to the draft Cemetery Rules and Regulations provided to the City Commission as part of the June 19 agenda package. Based on these final prices and the City's internal cost to support contractor activities, a cost analysis was conducted to show the total direct cost of cemetery services. 1 Once the revised Chapter 61 is adopted, the City Commission should adopt a set of Cemetery Rules and Regulations by resolution. These rules and regulations will provide operational guidance to staff and cemetery users. To be included in the complete Rules and Regulations document will be a list of prices for various services related to the cemetery, such as the cost of reserving a columbarium niche or performing an interment in a grave space. These two components are being separately presented in order to facilitate discussion. Included in the Rules and Regulations document are proposed prices for services and products rendered solely by the City, such as the sale of cemetery plots and the recording of cemetery deeds. The prices for these items would be relatively stable over time. As a separate document, the cost of various services supplied jointly by the City and the selected cemetery contractor are presented. There are really two questions being presented with regard to pricing. The first is the value to be placed on cemetery plots and columbarium niches; i.e., the property. The proposed pricing indicates different costs based on residency, with city residents getting a low price. The suggested prices are consistent with those charged by other Central Florida city -owned cemeteries, but the price proposed for cemetery plots is significantly higher than that previously charged by the City. The second question deals with pricing for services that impose costs on the City through its contract with Quality Vaults and Monuments, Inc. In addition to the price to be paid to the contractor, some items impose operating costs on the City, such as to confirm burial rights and to mark the correct grave space for burial. Assuming the City Commission seeks full cost recovery, the total cost column presents the minimum price to be adopted; however, the City Commission may legitimately decide to adopt higher prices to recover part of the indirect costs of these services, such as the cost to maintain the cemetery. Such a decision may be implemented as a cost markup on a percentage or other basis, which could vary depending on the service. Issue: Should the City Commission accept the recommendation of the City Clerk and the Parks & Recreation Department to adopt a revised Chapter 61, which governs operation of the city cemetery, and to adopt rules and regulations for cemetery operation that include a schedule of prices for related services and products? Recommendations The City Clerk and the Parks & Recreation Department recommend that the City Commission approve a complete replacement for Chapter 61 of the Code of Ordinances of the City of Ocoee. Operating policy changes are also being proposed in the implementing rules and regulations authorized by the revisions to Chapter 61. The major policy changes proposed are: 1. The City will undertake responsibility for the burial and inurnment process. Doing so will provide greater oversight of this vital function and provide a source of continuing revenue to partially fund cemetery operations. The Ocoee City Cemetery is the only municipally owned facility in the area for which the governing body does not perform or directly supervise grave opening and closing services. It has always been included in the powers and duties of the Cemetery Superintendent to "see that all graves are properly dug and that the dead are properly interred therein" and that "the person arranging for such burial has the right to the use of such lot." It is difficult to carry out this duty without direct authority over the persons performing the work. The required oversight will be enhanced in the proposed implementing rules and regulations through a contractual arrangement between the City and one or more qualified companies to perform the work. In addition, the scope of this duty is expanded to include inurnments in the new columbarium and in cemetery plots. A Request for Proposals will be issued by the City to solicit offers from qualified companies to provide interment and inurnment services under contract to the City. Once the City Commission establishes one or more 2 such contracts, the City will become the exclusive provider of such services in the City Cemetery. 2. The duties of cemetery operation, generally assigned to the City Manager, are proposed to be split between an Administrator, who is responsible for identifying the persons who own plots and have burial rights, and a Superintendent, who oversees the field aspects of the cemetery. The City Clerk is proposed to serve as Administrator and an employee of the Parks & Recreation Department would be appointed to the Superintendent position. 3. Formal processes for complying with Florida statutory requirements regarding notice of address by owners of cemetery plots and subscribers to columbarium niches are being added. These processes include the ability for owners and subscribers to authorize persons to act on their behalf, change the designated person(s) with burial and inurnment rights, and transfer ownership or reservations to other persons. These processes also include the means for the City to recover control of abandoned plots and columbarium niches after five years. The effective date for operating under the new policies and prices will be October 1, 2012. At that time, no burials would be permitted in the City Cemetery except through the City's cemetery operations in conformance with the adopted Cemetery Rules and Regulations and for the adopted prices. Attachments: • Proposed ordinance modifying Chapter 61 of the Code of Ordinances of the City of Ocoee. • Proposed resolution establishing cemetery rules and regulations and schedule of prices. • City Cemetery service cost analysis with proposed fees. Financial Impact: The cost of burial services will be paid by those entities making funeral arrangements. Staff has prepared a table showing the City's direct costs for undertaking cemetery services related to interments and inurnments along with proposed fees at a 20% and 30% markups. Direct costs are incurred for contractor services and staff time related to confirming and resolving burial rights, ordering contractor services, identifying the proper grave site, marking the grave site, and supervising the contractor's activities. The proposed markup over these direct costs could be used to offset some of the indirect costs of operating the cemetery. Columbarium subscriptions and the possible addition of inurnment burial plots in vacant areas of the City Cemetery have the potential to generate additional revenue from cemetery operations. Legal costs will be incurred when the City seeks to have older, unused cemetery plots declared as abandoned for subsequent resale. These costs should be readily recovered by the sale of cemetery plots. Type of Item: (please mark with an "x") X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing X Resolution Regular Agenda Commission Approval X Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney � _ N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 3 ORDINANCE NO. 2012 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING AND RESTATING CHAPTER 61 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; REPEALING CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 61 of the Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee to manage and regulate the operation of city cemeteries; and WHEREAS, the City Commission desires to repeal and restate that Chapter to provide greater oversight over Cemetery operations and to add provisions for columbaria; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Chapter C -8 of the City Charter and Chapter 61 of the Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapters 166 and 497, Florida Statutes. SECTION 2. Amendment of Chapter 61. Chapter 61 of the Code of Ordinances of the City of Ocoee is hereby repealed and replaced in its entirety with the following language: Chapter 61 — CEMETERIES § 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 1 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 (5) 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 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 2 § 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. 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: 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 3 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 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 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. 4 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 section 61 -7A; t. 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 (5) 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 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. 5 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 section 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 (7) 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 (5) years during which the 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. — Penalties for offenses. Any person violating any provision of this chapter and its implementing rules and regulation shall, upon conviction, be punishable as provided in § 1 -12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day that such violation is committed or permitted to continue shall constitute a separate offense. § 61 -10. — 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. SECTION 3. Conflicts. All resolutions, parts of resolution, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and 6 independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Ordinance shall become effective at midnight on November 1, 2012. PASSED AND ADOPTED this day of , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2012 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . , 2012. SHUFFIELD, LOWMAN & WILSON By: City Attorney RESOLUTION NO. 2012- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA CREATING RULES AND REGULATIONS FOR OPERATION OF THE CITY CEMETERY; ESTABLISHING A SCHEDULE OF CEMETERY FEES; REPEALING CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3 of Chapter 61 of the Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee from time to time to adopt, by resolution, rules and regulations for operating the City Cemetery; and WHEREAS, the City has recently constructed a columbarium for the inurnment of cremated remains as an additional choice for users of the Cemetery; and WHEREAS, the Cemetery is a valuable asset of the City and its citizens; and WHEREAS, the proper management of the Cemetery is a vital City function; and WHEREAS, cost recovery is necessary to ensure that the users of the Cemetery pay the expenses incurred by the City related to Cemetery operation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 3 of Chapter 61 of the Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. SECTION 2. Adoption of Cemetery Rules and Regulations. The Ocoee City Cemetery Rules and Regulations, as set forth in Exhibit "A" attached hereto and, by this reference, made a part hereof are hereby adopted. 1 SECTION 3. Schedule of Fees. The Ocoee City Cemetery Schedule of Fees, as set forth in Exhibit `B" attached hereto and, by this reference, made a part hereof, is hereby adopted. Said Schedule of Fees are to be incorporated in Section 7.1 of the Ocoee City Cemetery Rules and Regulations. SECTION 4. Conflicts. All resolutions, parts of resolution, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective at midnight on November 1, 2012. PASSED AND ADOPTED this day of , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2012 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 2012. SHUFFIELD, LOWMAN & WILSON By: City Attorney Ocoee City Cemetery Rules and Regulations 1 Definitions. The following terms have the meaning described below when used in these Rules and Regulations: 1.1 "Administrator" or "Cemetery Administrator" is that person described in § 61 -6 of the Code of Ordinances of the City of Ocoee and having the duties described in § 61 -7 of that Code. The Administrator is the person appointed to serve as the Cemetery Administrator for the purposes of implementing these Rules and Regulations. 1.2 `Burial Right" means the right to use a grave space or columbarium niche for the interment, inurnment, or other disposition of human remains or cremated remains. 1.3 "Casket" means a rigid container that is designed for the encasement of human remains and that is usually constructed of wood, metal, or fiberglass, and is typically ornamented and lined with fabric. 1.4 "Cemetery" is a place dedicated to and used for the permanent interment or inurnment of human remains or cremated remains. A cemetery may include land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place for the disposition of cremated remains; or any combination of two or more of such structures or places. 1.5 "City Clerk" is the person described under Article V, § C -28 of the Charter of the City of Ocoee. 1.6 "City Manager" is the person described in Article IV of the Charter of the City of Ocoee and with the authority over cemetery operations described in Chapter 61 of the Code of Ordinances of the City of Ocoee. 1.7 "Columbarium" is a structure or building that is substantially exposed above the ground and that is intended for the inurnment of cremated remains in individual niches. 1.8 "Cremated Remains" or "Cremated Human Remains" are all the remnants of the human body recovered after the completion of the cremation process and may include the residue of any foreign materials, such as casket, bridgework, or eyeglasses, that were cremated with the human body. 1.9 "Cremation" is a mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. 1.10 "Cremation Urn Vault" or "Cremation Interment Container" is an urn designed for the underground storage of cremated remains. Such an urn has a rigid outer container constructed of concrete. Cremated remains may be placed directly within the urn vault; a separate internal urn is not required. 4 1.11 "Designation" is the process of assigning the right of burial or inurnment to a person who is not the owner of a cemetery plot or the subscriber to a columbarium niche. Absent a designation, the owner of a plot or the subscriber of a niche is assumed to be the person for whom use is designated. 1.12 "Designee" is the person for whom a burial or inurnment right has been designated. 1.13 "Disinterment" is the removal of a dead human body, typically in a casket or other container, from the earth or an aboveground interment. 1.14 "Entombment" is the process of placing a deceased person's remains in an aboveground mausoleum. 1.15 "Funeral" or "Funeral Service" means the observances, services, or ceremonies held to commemorate the life of a specified deceased human being and at which the human remains are present. 1.16 "Grave Space" is an entire plot or a designated portion of a multiple -space plot set aside for the interment of human remains. Each grave space provides an area of ground for the burial of one casket in a vault or one cremation urn vault. 1.17 "Human Remains" or "Remains" is the body of a deceased human person for which a death certificate or fetal death certificate is required under State law and includes the body in any stage of decomposition. As used herein, the term will typically refer to the contents of an urn or casket. 1.18 " Inurnment" refers to the placement of an urn containing cremated remains above ground in a niche or below ground in a cremation urn vault. 1.19 "Interment" refers to the placement of a casket containing the remains of a deceased person in a grave space; a.k.a., a burial. 1.20 "Legally Authorized Person" or "Legally Authorized Representative" is a person defined under § 497.005(3), Florida Statutes; i.e., is authorized by an owner, subscriber, or designee to act on their behalf 1.21 "Mausoleum" is a structure or building that is substantially exposed aboveground and used for the interment of human remains. 1.22 "Memorial Service" is a service that recognizes the life of one or more persons at a time subsequent to a funeral. 1.23 "Monument" is any product used to identify a gravesite or serve as a cemetery memorial of any kind, including monuments, markers, lights, mementos, and vases, which may be permanent or temporary in nature. 5 1.24 "Niche" is a compartment or cubicle for the permanent placement of an urn in a columbarium. 1.25 "Occupant" is an individual who has the right to have his or her remains placed in a niche or grave space. 1.26 "Plot" or "Burial Plot" is a rectangular area containing one or more grave spaces and is the smallest area of ownership within the Cemetery. 1.27 "Plot Owner" is an individual who has acquired a plot from the original or subsequent owner of the land. The plot owner is the current owner of the burial plot. Any references herein to plot owner includes any designated alternate or legally authorized person unless otherwise apparent from the wording. 1.28 "Resident" is a person who presently resides in the City of Ocoee. 1.29 "Subscriber" is an individual who has paid all fees for the reservation of a niche. Any references herein to subscriber includes any designated alternate unless otherwise apparent from the wording. 1.30 "Subscription" is the perpetual right to use a columbarium niche for the storage of a deceased person's cremated remains in an urn. The term applies to both the preservation of a future right of use and the actual use of a niche. Subscriptions are permanent unless terminated under one of the provisions of these Rules and Regulations. 1.31 "Superintendent" or "Cemetery Superintendent" is the person described by § 61 -4 of the Code of Ordinances of the City of Ocoee with the powers and duties provided in § 61 -5 of that Code. The Superintendent is an employee of the City. 1.32 "Urn" is a device or receptacle for permanently storing and encasing cremated remains in a columbarium niche. As used herein, an urn is a container into which cremated remains may be placed and closed in such a manner as to prevent leakage or spillage of the remains. A cremation urn vault serves as an urn for underground inurnment. 1.33 "Vault" or "Outer Burial Container" is a reinforced structure typically constructed of concrete and designed to support the weight of earth overlaying a burial site. A single casket is placed in a vault. 2 Authority. 2.1 The use and care of the Cemetery are subject to the management and control of the Ocoee City Commission through Chapter 61 -1 of the Code of Ordinances of the City of Ocoee and these 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 6 upon direction of the City Manager. Waiver of any rule or regulation does not constitute a continuing waiver with respect to any situation arising thereafter. 3 Cemetery Plots 3.1 A plot owner has the right to inter or inurn the remains of one (1) person in a cemetery plot he or she owns. A plot consists of one grave space that may contain the remains of a single deceased person, as designated by the plot owner and as applicable and subject to the restrictions provided below. The remains of the designated person may be contained in a casket and buried in a vault below ground or entombed in a mausoleum above ground within the plot. Alternatively, the cremated remains of the designated person may be buried in a cremation urn vault or entombed in a mausoleum within the plot. The City does not supply the required vault, cremation urn vault, or mausoleum but does maintain a list of approved vaults and suppliers to inform the public. 3.2 Ownership of a plot may be voluntarily transferred to the City, which may reimburse the owner in an amount equal to the original purchase price, as provided in § 61 -8 D of the Code of Ordinances. In the absence of acceptable proof of the actual price paid, as determined by the Administrator, the price of $50 shall be used as the amount to be reimbursed. 3.3 A plot owner may designate the right to use an owned grave space by any person. Such a person, or designee, may not transfer the right of use to a third party. Right of occupancy may be demonstrated by a notarized statement executed by the plot owner granting the right for the named individual to utilize the grave space upon death. Either the owner or designee may end the right of use through a notarized document terminating the designation. Purchases made after September 30, 2012, shall require a designation at time of purchase. 3.4 Each plot owner may authorize another person to make or change designations or take other action in case the plot owner dies or becomes incapacitated. Such an authorization must be made in writing to the Administrator and the signature of the owner taking such action must be notarized, and may be revoked or modified by the owner in the same manner at any time. Such a person will be treated as a legally authorized representative. 3.5 The City permits the interment of the inurned cremated animal remains of the decedent's pet or pets with the decedent's human remains or cremated remains in a plot, provided the human remains and cremated animal remains are not intermingled and the interment with the cremated animal remains is with the authorization of the decedent or other legally authorized person acting for the decedent. For example, the cremated animal remains may be placed in an urn and the urn placed in the casket of a deceased person for burial. 3.6 Monuments in all sections of the cemetery must be markers, headstones, or flat ledgers and must be made of bronze, marble, or granite. A monument to a plot may be added 7 upon the granting of a permit to do so by the Administrator following acceptance of the proposed monument and payment of the appropriate fees. In considering whether to grant the permit, the Administrator shall determine if the monument is compliant with Cemetery Rules and Regulations. Should the Administrator reject the application, the applicant may appeal the decision to the City Manager. Should the City Manager affirm the decision of the Administrator, the applicant may appeal the decision to the City Commission. All facilities, markers, and monuments installed in or on a plot are the property and responsibility of the owner, as provided in § 61 -8 J of the Code of Ordinances. 3.7 Only the City and /or its authorized agent(s) may perform interment, inurnment, and other services related to the cemetery. A permit must be obtained from the Administrator for all such services. 3.8 Permission to inter or inurn the remains of a deceased person in a grave space must be secured from the Administrator at least 24 hours in advance of the anticipated date and time for such an event. Friday at noon is the cut -off time for scheduling a weekend service. 3.9 The City reserves the right to inspect improvements to a plot for compliance with these Rules and Regulations, conformance with other applicable laws, and consistency with any City permit granted for the improvement. Should problems be found, the plot owner or appropriate legally authorized person shall be notified of the deficiency in writing by the Administrator and given a stated period of time for corrective action to be taken. The cost to correct any issues will be the responsibility of the decedent's authorized representative. Failure to take the required corrective action within the designated period shall be treated as a code violation under the provisions of Chapter 7 of the Code of Ordinances. 3.10 Demonstrating proof of the right to use a grave space for the interment or inurnment of a deceased person's remains is the responsibility of the person seeking to use the space. The Administrator may determine the manner of demonstrating the right of use and accept such evidence as may be presented in order to determine whether to issue a permit to utilize a given grave space. 3.11 Due to incomplete records prior to the city's ownership of the cemetery, the City cannot confirm or defend the ownership of any plot or burial right. Providing evidence of plot ownership or burial right within a grave space is the responsibility of the person seeking to establish such ownership or right. The Administrator may determine the manner of demonstrating plot ownership, accept such evidence as may be offered to demonstrate ownership, and reach a determination as to ownership for the purposes of managing the Cemetery and the use of plots and grave spaces. In general, proof of ownership must be demonstrated by a deed, probated will, or notarized bill of sale. 3.12 Each plot owner is required to provide the City with his or her residential address at all times, as required by § 497.286, Florida Statutes. Failure to do so will result in an 8 assumption of abandonment by the owner as provided in § 61 -8H of the Code of Ordinances. 4 Columbarium Niches. 4.1 A columbarium niche may be used to inurn the cremated remains of a single deceased person. A subscription entitles the subscriber or a designated person to use the identified niche in perpetuity, subject to the limitations listed herein. Any subscriber obtaining more than one niche must designate at time of purchase the person(s) using each niche as provided in § 61 -9 H of the Code of Ordinances. The subscription fee does not include the cost of cremation or the urn and the City has no involvement with the cremation process. 4.2 Each subscriber may authorize another person to make or change designations or take other actions in case the subscriber dies or becomes incapacitated. Such an action must be made in writing to the Administrator and the signature of the subscriber making the appointment must be notarized. Any such appointment may be revoked or modified by the subscriber in the same manner at any time. 4.3 Once a niche has been utilized for inurnment, the subscriber may seek permission from the Administrator to remove the cremated remains originally inurned and inurn a different individual upon payment of the prescribed fees. The normal fee to open a niche shall apply when the cremated remains are removed. 4.4 Subscriptions may be canceled by a subscriber prior to inurnment and thereby released back to the City.. Should a subscription be canceled in the manner herein described, a refund equal to the original subscription fee shall be refunded to the subscriber. 4.5 A subscriber may seek permission to remove the cremated remains originally inurned and cancel the subscription. Should a subscription be canceled in the manner herein described, a refund equal to the original subscription fee shall be refunded to the subscriber subject to a deduction $200 for each year or part of a year in which the niche was used to store cremated remains. The normal fee to open a niche shall apply when the cremated remains are removed. 4.6 Inurnment of cremated remains in a niche requires the use of an urn. The Administrator shall approve any urn used prior to inurnment. The City does not supply the urn. The Standards section of these Rules and Regulations provides the controlling specifications for urns. 4.7 Each subscriber must notify the Administrator in writing of changes to his or her residential mailing address and phone number as provided in 61 -8G of the Code of Ordinances. 4.8 No remains may be inurned in a niche except those of the subscriber or the person designated by the subscriber for that niche. A subscriber may declare or modify the 9 designated user at any time prior to inurnment upon written application to the Administrator. A subscription cannot be sold or otherwise transferred to a third party by any subscriber; subscriptions may only be canceled. 4.9 Permission to inurn the remains of a deceased person must be secured from the Administrator at least 24 hours in advance of the anticipated date and time for such an event. Permission may be granted only upon filing and approval of the appropriate permit with the cemetery Administrator. 4.10 If corrective action is required for any unauthorized changes, the cost to correct such issues will be the responsibility of the decedent's legally authorized representative. 4.11 The only type of monument permitted for a niche is the plaque provided, inscribed, and installed by the City. The cost of the plaque and its inscription and installation are not included in the reservation fee for the niche. The subscriber must notify the Administrator in writing of any error in engraving the plaque within 12 months of installation. Should a change be desired in the plaque's inscription other than to correct an error, the subscriber or authorized representative of the occupant must submit an application to do so and pay the required fees. 4.12 The City shall endeavor to protect the cremated remains and urns during the inurement after they are placed in the columbarium, but it shall have no responsibility for failure to do so. Should the columbarium be damaged through a natural or manmade disaster, the City will take such action as it deems appropriate to recover, identify, and protect inurned remains. Should it be impossible or impractical for the City to repair and /or replace the columbarium, as may be determined by the City, the Administrator will seek to contact the subscriber, known alternate, occupant's legally authorized representative, or known descendant to accept the cremated remains for inurement at another location. Should no such person be found or such person not timely respond to the notification, the City may respectfully place the cremated remains in an alternative location and retain documentation of such action as a public record. In no case shall a refund of fees be made as a result of the City's inability to operate the columbarium due to damage or loss, as hereinabove described. 4.13 The City, while making repairs or improvements to the columbarium, may temporarily remove cremated remains. Otherwise, remains may only be removed with the written consent of both the City and the subscriber, the occupant's legally authorized representative, or when required by law or a court order. 5 Residency. 5.1 Residency pricing applies to the purchase of a cemetery plot or the subscription of a columbarium niche from the City when the person seeking to purchase the plot or subscription is a city resident, as defined above. A designee must be established for each plot purchase or niche subscription at the time it is acquired. 10 5.2 Residence may be established by showing a deed, utility bill, voting card, driver's license, or other records that include the name, date, and address of the person seeking to establish residency and covering the period of time for which residency is being established. 5.3 Residency, once established, is not affected by any subsequent relocation of the occupant. The occupant need not reside in the City at the time of death once residency has been established. 6 Standards. 6.1 A standard grave space for the interment of a single deceased person in a casket contained in a vault shall measure at least 42 inches wide and 96 inches long; these dimensions shall constitute the minimum allowable space for interment of a deceased person. Spaces defined prior to October 1, 2005, are not required to meet this standard. Only one person may be interred in such a space. An above - ground monument must be placed within the grave space. 6.2 A standard grave space for the inurnment of a single deceased person is 42 inches wide and 48 inches long; these dimensions shall constitute the minimum allowable space for inurnment of a deceased person in a plot. Only one person may be inurned in such a space. An above - ground monument must be placed within the grave space. 6.3 Each casket interred in the Cemetery must be enclosed in an approved underground vault or aboveground mausoleum. 6.4 The minimum amount of earth covering a vault or cremation urn vault is 12 inches. 6.5 Columbarium niches are 1 1.75 inches wide, 11.75 inches high, and 12.375 inches deep. Reinforcing brackets protrude into this space on the two upper corners. Urns to be placed in a columbarium niche must fit within these dimensions. Users are advised to make allowances in dimensional variation between niches given the natural materials used in niche construction. All urns must be constructed of durable materials and seal with a positive fastening mechanism. So- called "eco" biodegradable urns may not be used. 6.6 No tree or shrub may be planted on any plot. The only permitted permanent vegetative material is sod. 6.7 All monuments must be constructed bronze, granite or marble. The location of all or a portion of a monument within a grave space shall preclude the use of that space for the interment of deceased person if the resulting area of ground is less than minimum space stated above. An additional charge may be incurred if it is necessary to remove and subsequently replace a monument in order to conduct an interment or inurnment. 11 6.8 Monuments and other grave markers may not exceed twenty -five percent (25 %) of the surface area of the plot on which they are located. 6.9 No boxes, shells, toys, glassware, sprinkling cans, receptacles, landscape lighting, trinkets, mementos, or similar articles will be permitted on any grave, lot, or tree. 6.10 No person may use any form of advertisement on Cemetery grounds. 6.11 Flowers and other symbols of tribute may be placed upon graves. Symbols of tribute may include fresh or artificial flowers, wreaths, potted plants or baskets. Except for the funeral service, arrangements should be placed on the grave space only. The use of candles is strictly limited to funeral services and memorial services and may be prohibited due to dry conditions and for other reasons. The area surrounding graves should remain clear for maintenance. The City will remove arrangements that become wilted, faded, or unsightly. 6.12 The City may flag or otherwise mark and/or remove items placed within cemetery plots that are not in conformance with these regulations. Plot owners shall have 45 days from the date of such action to remove or claim their item(s), after which time the City is empowered to dispose of them as it sees fit. 7. Fees and Charges. 7.1 The following fees are to be applied for services and products provided by the City. Non - resident Resident Product or Service Price Price Purchase Cemetery Plot $1,200 $800 Reserve Columbarium Niche $1,500 $1,000 Permit to Install Monument $50 $50 Transfer burial right to another person $25 $15 Record a burial right or niche reservation with Orange $35 $35 County Records 7.2 Additional fees and charges may be applied by the City in accordance with the terms provided in a resolution adopted by the City Commission for services related to interments and inurnments. 7.3 Notification must be made to the Administrator no later than 12:00 noon on Friday prior to any weekend interment or inurement desired for the immediately following Saturday or Sunday. The City does not have staff available on weekends to identify grave sites and supervise interment and inurnment activities. 12 8 Cemetery Hours. The Ocoee Cemetery is open to the public during daylight hours every day of the year. Any person found on the grounds after hours without City authorization will be considered to be a trespasser and treated in the same manner as any person found in a City park after hours. 9 Conduct of Persons in the Cemetery. 9.1 No person shall break or injure any tree or other plant, pick any flowers, or mar any landmark, marker, or memorial, or in any way deface the grounds of the Cemetery. 9.2 Persons within the cemetery grounds shall use only the established avenues, walkways, and roads and are forbidden to trespass on Cemetery plots. 9.3 Children under 16 years of age shall not be permitted within the Cemetery or its buildings, unless accompanied by an adult. 9.4 No person may consume alcoholic beverages within the Cemetery or carry the same into the premises except as part of a funeral service. 9.5 No person shall throw rubbish or debris on walks, drives, or any part of the Cemetery grounds. 9.6 Pets of any kind are strictly forbidden in the Cemetery. 10 Cemetery Records. To the extent permitted by the records available to the City, the Administrator shall keep a record of every owner and designee for each cemetery plot and cremation niche, as provided in § 61 -6 of the Code of Ordinances. 13 Proposed City Pricing Product or Service Non - resident Price Resident Price Purchase Cemetery Plot $1,200 $800 Reserve Columbarium Niche $1,500 $1,000 Permit to Install Monument $50 $50 Transfer burial right to another person $25 $15 Record a burial right or niche reservation with Orange $35 $35 County Records Service or Product Contract City Total Fee @20% Fee @30% Price Cost Cost Markup Markup Interment Open and Close Adult Grave $575 $110 $685 $825 $890 Open and Close Urn Vault $175 $110 $285 $340 $370 Open and Close Infant Grave $175 $110 $285 $340 $370 Set -up for Service with Interment $150 $150 $180 $195 Set -up for Service without $175 $175 $210 $230 Interment Disinterment Open and Close Each Grave $575 $110 $685 $825 $890 Handling within One Cemetery $250 $250 $300 $325 Handling between Two $400 $400 $480 $520 Cemeteries Inurnment Open and Close Niche $200 $75 $275 $330 $360 Set -up for Service as Part of $150 $150 $180 $195 Inurnment Set -up for Service without $175 $175 $210 $230 Inurnment Engrave Niche Door Front $150 $150 $180 $180 Modify Niche Inscription $200 $200 $240 $260 Additional Items Extra Tent and 12 Chairs $150 $150 $180 $195 (Requires Set -up) Surcharge for Less than 24 Hours $200 $200 $240 $260 Notice Surcharge for Services after 3:00 $100 30 $130 $155 $170 pm Surcharge for Saturday Service $100 85 $185 $220 $240 Surcharge for Sunday Service $300 85 $385 $460 $500 Surcharge for Holiday Service $350 170 $520 $625 $675 Notes: 1. The Standard Set -up includes 15 ft. by 15 ft. tent, 12 chairs with covers, and artificial turf cover of exposed soil. 2. There may be additional charges from the contractor for the cost of removing and replacing monuments that encroach into the grave space. 3. The cost of opening and closing a grave in another cemetery is not included in the price for disinterment; the actual cost will be set by the receiving cemetery.