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HomeMy WebLinkAboutStaff Reports- Report on Cemetery Conditions ~ -tS- --C)~ Aserd:c Cemetery Pro~ ,SfAff g~RJe\5 As you are aware the City Manager appointed a committee of staff, the City Clerk, Parks and Recreation and Human Resources Director's to assess the maintenance situation at the cemetery by reviewing the rules and procedures promulgated by the Commission as they relate to the status of the grave sites. The committee has reviewed the rules and regulations and has visited the cemetery and viewed the entire cemetery with some specificity. The following is a summary of the concerns ofthe committee, they are: 1.) 50% OR MORE OF THE SITES ARE IN SERIOUS VIOLATION OF THE PRESENT RULES. 2.) THE FENCING AND THE GROUNDS TO AND AROUND THE CEMETERY ARE IN NEED OF REPAIR. 3.) MANY OF THE GRAVE SITES HAVE GRANIT~, CONCRETE, PAVERS, STONE AND PLASTIC EDGING AROUND THE INDIVIDUAL ~ITES. 4.) MANY HEAD STONES ARE AJAR FROM TH~ RESTING AREA AND ACTUALLY OUTSIDE THE ASSIGNED PLOTTED AREA. : 5.) SEVERAL SITES HAVE HAD TREES PLANT:$> AROUND THE GRAVE SITE AND MUST BE REMOVED. : 6.) MANY OF THE SITES THAT HAVE BEEN EDfED HAVE GRAVEL SPREAD OVER THE SITE. 7.) MANY OF THE SITES HAVE MEMENTOS, ORNAMENTS AND OTHER DECORATIVE ITEMS ALL IN VIOLATION OF THE PRESENT RULES. 8.) SEVERAL SITES HAVE METAL PIPING EDGING THE PLOT. Corrective Measures: 1. INFORMING THE GENERAL PUBLIC OF THE PROBLEM. (ADDRESS IT AT THE CITY COMMISSION, FOLLOW UP WITH AN ARTICLE IN THE PAPER, PUT IT ON THE CITY WEB SITE, ETC.) 2. IDENTIFYING AND DOCUMENTING THE SITES THAT ARE NOT IN COMPLIANCE WITH THE CITY ORDINANCE AND NOTIFYING THE OWNERS. (THE CITY CLERK'S OFFICE WILL BE DOING THIS AS PART OF THE CREATION OF THE DATABASE FOR THE CEMETERY ADMINISTRATION.) 3. IDENTIFYING AND QUANTIFYING THE NEEDED IMPROVEMENTS. (A SITE ANALYSIS COULD BE CONDUCTED BY A CONSULTANT TO ADDRESS THE STRUCTURAL [FENCING, PAVILION, IRRIGATION, PAVING, ENTRANCE,ETC.] IMPROVEMENTS AND GENERAL LANDSCAPING OR THIS COULD BE DONE THROUGH CITY RESOURCES.) 4. ALLOCATING SUFFICIENT FUNDS AND IDENTIFYING OTHER FUNDING SOURCES TO MAKE THE NEEDED IMPROVEMENTS AND TO PROVIDE A CONTINUED LEVEL OF MAINTENANCE; POSSIBLY THE FLORIDA YOUTH CONSERVATION CORPS CAN BE USED FOR CLEAN-UP WORK. The Committee believes the plot owners must be notified of the effort to enforce the rules and regulations of the cemetery. After the cemetery is free of derris, trees, etc., then the grounds will need to be resodded. The fencing should be replaced and the grounds around the cemetery should be landscaped. The pavillion should be replaced. Only then may a crew be capable of maintaining the cemetery on a regular basis. The committee desires to share the status of the cemetery with the commission before beginning to notify owners of the above. Owner notification will begin after the City Clerk's Office has completed the cemetery administrative database and mapping program now in progress with Data Transfer Solutions. The committee would like to assure there is no cultural or other local reason why the cemetery appears as it does now. .. , OCOEE CEMETERY RULES AND REGULATIONS GENERAL RULES 1. The cemetery will be open to visitors at all times between the hours of sunrise and sunset. Permission to enter the cemetery at any other time must be obtained from the superintendent and! or the city manager. 2. 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. 3. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. 4. Persons within the cemetery grounds shall use only the established avenues, walkways and roads, and are forbidden to trespass on cemetery lots. 5. Children under sixteen (16) years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. 6. No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or para-military burial services. 7. No person may use any form of advertisement on cemetery grounds. 8. No person may consume refreshments or liquors within the cemetery or carry same into the premises. , 9. No person shall throw rubbish or debris on walks, drives or any part of cemetery grounds. 10. Unauthorized persons shall not loaf, lounge, or otherwise use any of the grounds, graves or memorials in the cemetery, or in any of the buildings thereon. 11. No loud talking shall be permitted on the cemetery grounds within hearing distance of funeral services. 12. Any person found on the grounds after dark will be considered a trespasser. 13. All orders, inquiries and complaints by visitors or owners should be reported to the superintendent or the city manager. 14. 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 ... Ocoee Cemetery Rules and Regulations Page 2 funeral period, arrangements should be placed on the memorial/grave area only. The area surrounding graves should remain clear for maintenance. Arrangements that become wilted, faded, or unsightly will be removed by city employees. MEMORIALS 1. Any violation of these rules shall result in the city manager notifying the owner of the property, by certified mail or hand-carried notice with proof of service, requesting the necessary adjustments to comply with these regulations. After thirty (30) days to correct the violation with no response, the city manager shall cause the correction to be made and brought into compliance. 2. Memorials in all sections of the cemetery may be markers, stones or monuments. 3. The superintendent shall only prohibit individualistic designs in memorials when it would be offensive to other owners or tend to degrade the appearance of the cemetery. PERMITS A permit must be obtained and a fee paid before placing a memorial in the cemetery. Placement of the memorial shall be done under the supervision of a city employee. (From Chapter 61 of the Ocoee Code of Ordinances) , I have received a copy of the foregoing rules and regulations and do hereby agree to abide by them. Signed: For the Family of: Date: .. . January 1995 Addendum to Cemetery Rules and Regulations distributed to lot owners: Please be advised that the Orange County Sheriff's Department provides complimentary funeral escort service Monday through Friday for your funeral procession in Orange County. Arrangements may be made by yourself or your funeral director and must be made at least 24 hours in advance. In order to complete the Funeral Escort Request form the following information will be required: 1. Time and date of escort 2. Beginning location 3. Destination 4. Name of funeral home, telephone number and name of contact person 5. Approximate number of vehicles in procession. . -. OCcEi-~[ ot-OrdH~~ Page 1 of 4 Chapter 61: CEMETERIES [H ISTORY: Adopted by the City Commission of the City of Ocoee as Ch. 7 of the 1977 Code of Ordinances; amended in its entirety 9-5-1989 by Ord. No. 89-22. Section 61-13 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] ~ 61-1. Management, operation and maintenance. The Commission, through the City Manager, 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 which the Commission may impose. ~ 61-2. Establishment of rules and regulations. The Commission shall establish rules and regulations for the use of the cemetery relating to: A. Subdividing the cemetery into lots. B. The capacity of each lot. C. The location of graves. D. The type of plantings, memorials and markers that will be permitted for the proper and most attractive development of the cemetery. E. The purchase price of said lots. F. The maintaining of the cemetery and all matters relating to its upkeep. G. The conduct and regulations concerning persons on said cemetery premises for any purpose whatsoever. ~ 61-3. 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. t 61-4. 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 lot 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 dead are properly interred therein in accordance with these rules and regulations. C. 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. t 61,.5. Interment. Burial within the municipal cemetery shall require 24 hours' notice. No deceased person shall be interred in the cemetery until the Superintendent has found that: A. The dead person or someone on his behalf has obtained from the city a deed to the plot in which the dead person is sought to be interred. B. The lot in which burial is to be made has been fully paid for. C. The person arranging for such burial has the right to the use of such lot. D. The capacity of any single lot in the cemetery is one person. w , --- Page 2 of 4 E. Proper record is made of the name and age of the deceased person and of the exact location of the grave. ~ 61-6. Lot valuation and transfer. A. Commission to set value. The Commission shall place a value upon all unsold lots in the cemetery and shall record such valuations on an official map or plan of such cemetery that shall be kept on file, open to public inspection, in the office of the City Clerk. A review of said valuation shall be done by the Commission at least every two years. Any changes in valuation shall be established by ordinance or resolution. (1) Current valuation. On July 19, 1988, the City Commission set the valuation of the lots at $200 for city residents and $500 for nonresidents. Upon adoption of this chapter, no free lots will be provided to any citizen whatsoever. B. Method of purchase. Any person desiring to purchase a particular lot, or lots, for the purpose for which it is intended shall be permitted to do so upon payment of the prices fixed for such lot. All lots shall be sold subject to the rules and regulations now in force or which may hereafter be adopted by the Commission, and such lots shall be used for no other purposes than the burial of the human dead. Any regulations contained in this chapter and any future regulations may be made a part of every deed or conveyance of any cemetery lot, and the same shall constitute notice to the holder of said deed of all the restrictions contained in this chapter or any future regulations of the Commission. C. From whom purchased. All cemetery lots shall be purchased from the city through the City Clerk, and said Clerk and Mayor shall sign any conveyance of any cemetery lots and affix the Seal of the city to said conveyance. ~ 61-7. Lot ownership; title; records. A. Title to a cemetery lot shall be evidenced by a cemetery deed from the city. The grantee under such cemetery deed shall be deemed to be the "lot owner," unless otherwise indicated by the records of the city. The ownership interest in a cemetery lot constitutes an easement and right to use a lot designated in the cemetery deed for cemetery purposes only, together with the right and privilege of burial and interment for the lot owner; provided, however, that such use shall be subject to the provisions of this chapter of the Code 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 City of Ocoee with respect to cemetery lots. To the extent permitted by law, all lots are exempt from taxation and cannot be seized for debts, nor can they be mortgaged. The title to a cemetery lot vests in the owners the right to use said lot for burial purposes only for themselves, their heirs or for any such person they may choose to designate; provided, however, that in the event that a person other than the lot owner is designated to be buried in the cemetery lot, the lot owner shall not receive any payment or other compensation in connection with the designation of the cemetery lot for the use of such other person. Designation, in writing, from a lot owner must accompany all requests for permits to bury persons not members of the immediate family of the lot owner, and such designation shall comply with all ordinances, resolutions and regulations of the city with respect to the cemetery and cemetery lots. B. The Commission shall cause the City Manager to keep full and complete records of the ownership of all lots in the cemetery, of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of the persons buried in each grave that has been or shall hereafter be used and of the date of burial of each. ~ 61-8. Accounts. [Amended 5-2-1995 by Ord. No. 95-15 Editor's Note: This ordinance also provided as follows: ''The Perpetual Care Fund heretofore established pursuant to ~ 61.8 of Chapter 61 of the Code of Ordinances of the City of Ocoee is hereby terminated. All funds in the Perpetual Care Fund as of the effective date of this ordinance shall be transferred to the general fund of the city and may be used for such public purposes as may be designated by the City Commission." ] A. The City Manager shall keep full and detailed accounts of the receipts and expenditures on account of the cemetery. Payment for all lots must have been completed before interment of the dead. All moneys from the sale of lots, services and functions in connection with this cemetery shall be paid to the City Clerk pursuant to this regulation. B. All revenues received by the city for the cemetery, including funds received for the purchase of cemetery lots, shall be placed in the general fund of the city and may be used for such public purposes as may be designated by the City Commission. - , Page 3 of4 ~ 61-9. Annual report. The City Manager shall make an annual report on the condition of the cemetery to the Commission providing the Commission with all infonnation necessary so that it may better formulate a budget appropriate for the upkeep of the cemetery grounds. ~ 61-10. Rules of operation. [Amended 4-21-1992 by Ord. No. 92-04] A. The cemetery will be open to visitors at all times between the hours of sunrise an sunset. Permission to enter the cemetery at any other time must be obtained from the Superintendent and/or the City Manager. B. 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. C. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be pennitted on any grave, lot or tree. D. Persons within the cemetery grounds shall use only the established avenues, walkways and roads and are forbidden to trespass on cemetery lots. E. Children under 16 years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. F. No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or paramilitary burial services. G. No person may use any form of advertisement on cemetery grounds. H. No person may consume refreshments or liquors within the cemetery or carry the same into the premises. I. No person shall throw rubbish or debris on walks, drives or any part of the cemetery grounds. J. Unauthorized persons shall not loaf, lounge or otherwise use any of the grounds, graves or memorials in the cemetery or in any of the buildings thereon. K. No loud talking shall be permitted on the cemetery grounds within hearing distance of funeral services. L. Any person found on the grounds after dark will be considered a trespasser. M. All orders, inquiries and complaints by visitors or owners should be reported to the Superintendent or the City Manager. N. 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 period, arrangements should be placed on the memorial/grave area only. The area surrounding graves should remain clear for maintenance. Arrangements that become wilted, faded or unsightly will be removed by city employees. ~ 61-11. Memorials. [Amended 4-21-1992 by Ord. No. 92-04) A. Any violation of these rules shall result in the City Manager's notifying the owner of the property, by certified mail or hand-carried notice with proof of service, requesting necessary adjustments to comply with these regulations. After 30 days to correct the violation with no response, the City Manager shall cause the correction to be made and brought into compliance. B. Memorials in all sections of the cemetery may be markers, stones or monuments. C. The Superintendent shall only prohibit individualistic designs in memorials when it would be offensive to other owners or tend to degrade the appearance of the cemetery. t 61-12. Permit required. A permit must be obtained and a fee paid before placing a memorial in the cemetery. Placement of the memorial shall be done under the supervision of a city employee. ~ 61-13. Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-20] ~ _~ u_ Page 4 of4 Any person violating any provision of this chapter 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 such violation is committed or permitted to continue shall constitute a separate offense.