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HomeMy WebLinkAboutO-22-01 Cemetery ProceduresORDINANCE NO. 0-22-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 34 CEMETERIES; AMENDING SEC. 34-11 THE ESTABLISHMENT OF INTERMENT FEES; AMENDING SEC. 34-23 ESTABLISHING INTERMENT TIME FRAMES; AMENDING SEC. 34- 26 AMENDING THE PROCEDURE FOR RULE VIOLATIONS; CREATING SEC. 34-59 TO ENSURE MARKERS ARE RELOCATED AFTER FUNERAL SERVICES; CREATING SEC. 34-60 PROHIBITING ABOVE GROUND VAULTS; PROVIDING FOR SEVERABH.ITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEREAS, The City of Sebastian has determined that the current interment rates are significantly lower than neighboring municipal cemeteries; and WHEREAS, The past efforts to provide City residents a discount for their final resting place have been met with conflict as non-residents arrange "workarounds" to obtain the discounted rate leaving staff with the responsibility of researching the true residency of those intended to be interred; and WHEREAS, Providing for one all-inclusive price for an interment site for the cost of the burial rights, the site surveying, preparation and closure the funeral costs will be less burdensome to grieving families; and WHEREAS, The City finds it necessary to establish the responsibility of timely placing back markers that have been moved to place casket; and WHEREAS, To ensure the proper planning during the holidays, the City finds it necessary to set policy that burials will not be allowed on Thanksgiving and Christmas Day. WHEREAS, The City of Sebastian last reviewed its Ordinances relating to Sebastian Municipal Cemetery on May 14, 2014, WHEREAS, Changes to the Ordinances relating to the care and services provided to 1 the Cemetery are desired due in part to City staff levels and the need for recognized improvements, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. The Code of Ordinances Chapter 34 CEMETERIES is hereby amended as follows: Sec. 34-11. - Interment site prices; establishment of fees. Fees for all internment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. I:J; J f i9=F_YF.S:deflts and one set offeaq ghall be Feeeive the Sebastian Fesident Fate. Sec. 34-23. - Interments. Interments shall be permitted seven days a week with the excention of Thankseivine Dav and Christmas Day. when the Cemetery is closed. 48-hours Prior Notice shall he Oven to the Cemetery Sexton or his/her desienee with resnect to scheduline a service. Sec. 34-26. - Rule violations; procedures. If any of the rules contained in this chapter are violated, the sexton or other city employee should bring the matter to the attention of the eity--elerk Leisure Services Director or their designee for the specific interment site involved. The eg"Iefk Leisure Services Director or their designee will then notify the owner of the interment site or his/her estate or last known relative by certified or registered mail. The eler4E Leisure Services Director or their designee shall send a copy of the rules and regulations with the specific items underlined in reference to the alleged violations; and a brief letter notifying them of the appropriate action against the violator should the violation remain uncorrected beyond a reasonable period of time. Sec. 34-59 — Placement of Existing Grave Stones within 48-hours of movement. The vault comoanv or contractor (gravedieger) who. for Durooses of Dreoaring for the burial of a family member removes the grave stone. must Drooerly replace the grave stone within 48- hours of the companion's burial service. Failure to follow this ooliev may result in the Funeral Home's loss of access to the Cemetery. Sec. 34-60 — Above Ground Vaults. Section 2. SEVERABILITY . In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance' may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Dodd The motion was seconded by Councilmember Mcpartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill absent Vice Mayor Fred Jones aye Councilmember Christopher Nunn aye Councilmember Ed Dodd aye Councilmember Bob MCPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted on this 13th dayof Septeamx 2022. CITY OF SEBASTIAN, FLORIDA By: Vice Mayor Fred Jones for Jim Hill, Mayor ATTEST: - /. , �.L(N -W - Planette Williams, MMC ty Clerk Approved s to For Co nt for - - Reliance y the C' of eb ti n Only: Ma Y non fr. Ci Attorney 4