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O1018 s- - . e I. ORDINANCE NO. 1018 (GGS) (CITY COUNCIL SERIES) AN ORDINANCE OJ:i' THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MAJOR POR- TIONS OF CHAPTER 3 OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO THE OPERATION AND MANAGEMENT OF THE WOODLAWN CEMETERY BY THE CITY, THE AMEND- MENTS REFLECTING THE PURCHASE OF THE EXISTING MAUSOLEUM AT THE CEMETERY, AND DECLARING THE PRESENCE OF AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3 of Article VIr of the Santa Monica Municipal Code (Sections 7300, ~. seq.) is hereby amended to read as follows: Section 7302(a). "Cemetery Fund" is the fund in the City accounting system set apart for the deposit of all monies received from the sale of all items and services, except for the specific item of Perpetual Care. Section 7302(b). IlCemetery Capital Account" is that account in the Cemetery Fund set apart for the deposit of funds for equipment and construction at the Cemetery. Section 7303. "cemetery Perpetual Care Fund" is the sinking fund set apart in the City accounting system for the deposit of all monies received for perpetual care. Section 7304. "Perpetual Carel! includes the cutting of grass at reasonable intervals, the raking and cleaning of the grounds, the pruning of the shrubs and trees, and the general preservation of the plots, grounds, l~usoleum, walks, roadways, boundaries and structures in order that they shall remain and be reasonably cared for as Cemetery grounds forever. It shall not include the maintenance, repair or re- placement of any gravestones or monumental structures or memorials, nor the planting of flowers or ornamental plants; nor the doing of -1- e e . e any special or unusual work in the Ce~etery or ln any mausoleum or col~~bariQ~, caused by the elements, an act of God, cammon ene~y, thieves, vandals, malicious mischief ~akers, explosions, unavoid- able accidents, invasions, insurrections, riots or by the order of any military or civil authority, whether the damage be direct or collateral, other than as hereln provided. Section 7306. Perpetual Care shall be sold with all burial plots, crypts, and niches. No part of the principal of the Cemetery Perpetual Care Flli~d shall be expended for any purpose other than for such lawful investments as the City Councll may dlrect. The interest derived from such investments shall be transferred to the Cemetery Fund. Perpetual Care shall be limlted to the income received from the invest~ent of the Perpetual Care Fund. Section 7308. Price and Fee Schedule. The price for all property and all services throughout the Ce~etery, including the Vausoleum, shall be establlshed through schedules to be fixed from time to time by resolution of the City Council. Section 7309. Burials. Burial plots, crypts, and niches in the Cemetery are conveyed for burial purposes, subject to such rules ana regulations as are now or hereinafter may be in force, or as the City may from tlme to time determine by ordinance. Section 7309(a). Eligibility to OwTI Plots and Crypts. No person is eligible to purchase a plot or crypt in the Cemetery unless at the ti~e of purchase they are a resident, or the deceased for whom said plot or crypt is being purchased was a resident at the time of death~ or at sometime prior to purchase has been a resident for a perio~ of five (5) y~ars of the City of Santa Monica, or unless there is interred in the Cemetery a relative by blood or marriage of said purchaser or deceased, or unless the deceased at the tL~e of death was a member of the armed forces on active duty. Section 7309(b). Eli~ibility to ONn C~emain S~ace. Any person is eligible to purchase a niche or plot~~ the Ce~etery for the purpose of interTIent of cre~a1ns. -2- e . e e Section 7309{c). Transfer of Plots? Crypts and Niches. Owners shall not transfer or resell their plots, crypts, or niches to any person, but may at any tl~e resell them to the Cemetery for the orlginal purchase prlee, includlng services purchased, less the charge for any serVlce actually rendered. {No transfer as to right of interwent may be approved by the Cewetery Superlntendent unless transferee is a resident, or at s orr.etime pr:.or to purchase had been a resident for a period of five (5 ) years of the Clty of Santa Monlca; or has interred in this Cereetery a person related to hirr b;y elther blood or Marriage, and 1.l...Ylle s s transferor certifies that he has received no remuneration for this privilege.) Section 7310. Fa~~ent. Ko burial plot, crypt, or niche shall be regarded as sold, and no deed conveying a plot, crypt, or niche shall be delivered until the amo~~t due for plot, crypt, niche, perpetual care, and all other charges are fully paid. No interment cr nenorial shall be placed in or upon any property which has not been fully paid for, except by special consent of the Cemetery Superintendent in writing. In the event that such consent is given, any interMent or rrerrorial placed in or upon said plot, crypt, or niche shall be considered as te~porary. A note or con- tract shall not be considered as Fa~~,ent. In case the purchaser of any plot or crypt shall fall to neet any paJ~ent within thlrty (30) days after the same is demanded, the Ce;J:etery Superintendent may re-enter said property am hold the sa~e as of its former estate. In such case~ the City reserves and shall have the right at its discretion to cremate imITe~lately, or any tirr.e thereafter, any body contained in said plot or crypt, and to deposit cremains therefrom to a grave to be chosen by the Ce~etery Superintendent and shall have the right to rerr.ove any memorial that may have been placed in or upon Sala property. Frepayment. Prepa~TIent on the basl~of the estab- -3- . e . e lished schedule will be required of any authorized person orderlng work done. It shall be the duty of the plot~ crypt or nlche owner to notify the Ce~etery Superintendent of any change in their address. Notice sent by Cerretery S~perintendent to a plot, crypt or niche owner shall be considered sufficient and proper legal notificatlon. Section 7312. Deed to Cemetery ~lot~ Cry~t or Niche. vllienever a cemetery plot, crypt or niche shall have been fully paid for, it shall be the duty of the Ce~etery Superintendent to execute a deed to the purchaser or purchasers whenever the sane is requested, or is otherwise necessary. Said deed Shall be issued in the na~e of the City of Santa Monica, attested by the Cemetery Superintendent, and shall, when so executed, constitute a conveyance of such plot, crypt or niche SUbJect to the provisions of thls Chapter and other applicable laws. Section 7313. Burial Vaults. All ground internents in the Cemetery shall be in vaults. Vaults ~ay be furnished by the o~mer of the burial plot, sub"ect to acceptance after inspec- tion by the Cewetery Superintendent. Section 7314. Interwents. Not more than one (1) lnternent shall be pernltted in any grave, except when the ovmer1s consent in writing has been filed witn the Cemetery Superintendent, and said Superintendent may consent to the burLal in one (1) grave of a ~other and her infant child, or of a person and the cremation ashes of members of the family of said person, provided such crerra- tion ashes are placed in proper containers. Provided further, that the Cemetery Superintendent nay per~it two (2) burialS in one (1) grave whenever he deems it is proper, provided such request has been made to the CeMetery Superintendent and the cost of said inter- ments paid In advance. Tne first interment must be made wlth the bottom of the grave three (3) feet lower than the,present regula- tion depth in said Cemetery. ~- - e e e No interMent shall be permitted l~less the deceased ~fas a resident of the City of Santa Monica at the time of death, or at sometL~e prior to his or her death had been a resident for a period o~ five (5) years of the City of Santa Monica, or unless there is interred in this Cemetery a relative by blood or marriage of the deceased, or unless the deceased at the tlme of death was a ~ember of the armed forces on actlve duty. Tne armel'S of plots ~ay not allow interments in thelr said plots of bodies of persons other than members of their family, except when said owners file with the Cemetery Superintendent written declarations that no remuneration whatever has been or will be re- ceived for the privilege of such interMent. The Cerretery Superin- tendent nay refuse inter~ent of any non-member of the family when- ever he shall deen lt proper. Section 73l5(a). Location of Int~rwent Space. Graves in plots owned by prlvate persons, In which intel'nents are conterrplated, must be designated by members of the family or by their representatlve. vfuen instructions regarding the locatlon of an interment space in a plot cannot be obtalned, or are indefinite, or when, for any reason~ the in~erment space cannot be opened where specified, the Cemetery Superintendent may, in his discretion, open it ln such location in the plot as he shall deem best and proper. The Cemetery shall not be liable for da~ages for any error. Section 7315(b) O!der~_Given By Tele~hone. The City shall not be responslble for any order received by telephone, nor for any mistake occurring due to the lack of precise and proper instructlons. as to the particular space, size and location in a plot where interment is desired, nor date and time of funeral when arranged by telephone. Section 7315(c). Errors May Be Corrected. ~~e City reserves~ and shall have the right to correct any errors that may be nade by It e~ther in making lnterwents, disinterments or removals, -5- - e . - or in the descript~on, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and of si~llar location, selected by the Ce~etery Super~ntendent, or~ in the sole discretion of the Cemetery Superintendent, by refQ~ding the amount of money paid on account of said purchase. In the event such error shall involve the 1nterment of the remains of any person In such property, the Clty reserves, and shall have the r1ght to re~ove or transfer such remains So interred to such other property of equal value and of similar location as may be substi- tuted and conveyed in lieu thereof. Tne Cemetery Superintendent also shall have the right to correct any errors made by placing an improper description, incorrect name or date, either in the memorial or on the container for cremated reMains. Section 7320. Disinterments. No dlsinterment will be permitted without the consent of the person ownlng the plot, cr~~t or niche in which the inter~ent is made, except: (a) ~ order of Court. (b) By order of the c~ty 1n accordance with the provisions of Section 7310 of this Chapter. (c) By permit lssued by Health Offlcers of the City of Sa~ta Monica in compliance with the State law and Rules of the state Board of Health. Should any remains be disinterred and removed to another location, or removed from the Cemetery, such disinterwent shall be made only by the City. The City shall not be liable for any dawage incurred to any casket, vault or urn in performing disinterments. Section 7320(a}. Disin,terment for Exchange of Graves, Crypts,.. or Niches. A plot, crypt or niche owner desiring to exchange a plot, cr~~t or niche for one or ~ore ~n a higher pFiced section, or block, or for a larger plot, crypt or niche 1nthe SaTe section may ?o so, subject to the approval of the Cemetery Superintendent, by purchasing at the price then established, ,for the land, space, -6- e e e - perpetual care, labor, ~aterials or supplies. Such owner shall be credited only for the original amount paid for the plot, crypt or niche vacated. Section 7320(b). Removal for Profit Prohiblted. Rerroval, by the heirs, of a body, or crerrated remains, so that the plot, crypt or niche nay be sold for profit to themselves, or rewoval contrary to the expressed or implied wishes of the original owner is forbidden. Section 7321. Interment. Rights , All burial spaces conveyed shall be presumed to be the sole and separate property of the person or persons n~~ed as grantee in the L~strument of con- veyance provided, however, that the husband or wife of any named grantee shall have a vested right of interment of his or her body in any burial space conveyed to his or her spouse, which right shall continue as long as he or she shall remain the husband or wife of the owner or shall be his or her wife or husband at the time of such owner's demise. No conveyance, or other action, shall divest such h~sband or wife of such vested right of interment provided, however, that a final decree of divorce between thew shall terminate such vested right of in~erment unless it shall be otherwise provided by such decree of divorce. In all conveyances to two (2) or nore perso~s as jOlnt tenants~ each 20int tenant shall have a vested right of interrrent of his or her re~ains in the space so conveyed. Upon the death of a Joint tenant~ the tltle to the burial space theretofore held in joint tenancy im~ediately vests in the surv~ver or survivers~ sub- Ject to the vested right of' interment for the remains of the deceased Joint tenant owner. A vested riGht of internent as in this rule provided may be walved and shall be terminated upon the inter~ent elsewhere of tr..e rerrains of a person. entitled tllereto. Section 7321 (a) . Descent of Right of' Interment, , . -7- . . e e If no interrrent has been made In a plot, crypt or nlche which has been transferred by deed or certificate of ownership to an indivi- dual owner by the City, or if all the bodies or cremains have been lawfully removed therefro~, in the absence of the specific disposi- tion therefor by the owner's last will and testament, the whole of said space, except one grave~ niche or crypt which must be reserved to the last surviving wife or husband of the owner shall, upon the death of said o~TIer, descend in regular line of succession to the heirs at law of the owner. Section 7322. Applicatlon for Interment. The City reserves the right to refuse cremation or inter~ent in any burial space~ and to refuse to open any burlal space for any purpose except on written application by the o~mer of record made out on a olank provided by the Cemetery Superintendent and duly filed in the office of the Cemetery. Notice. The right is reserved by the Cemetery to insist upon at least twenty-four (24) hours' notice prior to any cre~ation or interment~ and to at least one weeA1s notice prior to any disinterment or removal. Section 7323. Repurchasin6 Fropert~ Previously Sold. The City, at its option, may repurchase any plot, crypt, or niche by paying an a~ount not to exceed the original purchase price paid to the Cerretery for the plot, cr~~t~ or niche, no allowance being made for any labor, ~aterials, supplles, or interest. Tne City ~ay exercise its option of repurchase where violation of contract or original terms of purchase occ~r, by crediting the original cost and care to the balance on an unpaid account~ whether the balance be in the amount of the original purchase, or a lesser amount. Section 7323(a). Contagious Dlseases. Advance notice ~ust be given to the Ceffietery Superintendent of the intention to L~ter remains of any person who died of smallpox~ or other virulent contagious disease, so that a proper tirre ~ay be ~PPoL~ted and -8- e e e e suitable arrangements ~ade for the safety of e~ployees and the publlC. Section 7323(b). Saturday: Sunday and Ho~iday Funerals. No remains will be received at the Cemetery on Saturdays, Sundays, National Holidays, days accorded the general recognition of national holidays, or days set aside by decree of the City Councilor the Clty Manager as holidays, except L~ the case of virulent contagious dIsease, and then only under specific order of the Director of Public Works or authorized representatives. Section 7323(c). Casket Not To Be Disturbed. Once a casket containing a body is within the confines of the Cemetery, no flli~eral dlrector, or his embal~er, assistant, employee or agent shall be pernitted to open such casket or to touch the body without the consent of the legal representative of the deceased. Section 7323(d). Authorization of One ~~er Sufficient. The City reserves the right to make an interment of any Mewber of the inmediate family of anyone of the several owners, upon hlS or her written authorization. No other person ~ay be interred in any plot, crypt, or niche witho~t the written consent of all surviving Oi~ers of the plot~ crypt, or niche who are recorded as such on the books of the Cenetery. Section 7324. Regulations of I~~roveMent. The manner of improvement and embellishment of bur~al plots~ crypt and niches shall be subject to the approval and regulation of the Cerretery Superintendent who shall make such regulation as shall tend to the ~reatest degree of permanence and protection, and give to the grounds and bUlldings an appearance of harmony and design as far as is pos- sible under existing conditions and consistent with the purpose to which they are intende? and dedicateq. Section 7324(a). Grave, cry~t and Niche Ident~fication. All grave, crypt, and nicne markers and foundations for monuments shall be set by Cemetery personnel and must be of. such dimensions -9- fI . . - as may be required by the Cemete!'y Superlntendent. Section 7325. Vaults. Vaults wholly or L~ part above the ground will not be allowed without special permission from the Cemetery Superintendent, and application for same must be accompanled with plans and specifications for approval. Section 7325A. Monument Headstone and ~Brkers. The City reserves the right to prohibit the erection of any vault, monument, headstone or marker that ~ay be consldered by the ce~etery Superintendent inappropriate, either in materlal, design, workman- ship, or location as to its position on the grave, burial plot, lot, block or section, crypt or niche and the City also reserves the right to proh~bit the erection of any vaults, monuments or head- stone in any section or block that ~ay be designated or reserved for the use of flat warkers only wnlch do not proJect above the grou.l1.d level. Section 7325B. Copings) Trellis) Arch~ Wooden !1arkers. No coping, curbing, or enclosure of any klnd aro~~d lots or graves; no wooden or wire trellis or arch, and no wooden ~arkers or headboards shall be per~itted to be erected in any part of the cemetery, and should those heretofore established beco~e unsightly or in disrepair, then the Cemetery Superintendent shall have the same removed. Section 7325C. Trees and Shrubs. Trees and shrubs shall be planted only by perrr.isslon of the Ce~etery Superintendent and when the proposed location and selection of such trees and shrubs is appropriate. If any tree or shrub standing on any plot shall become detrL~ental to' adjacent lots, or interfere with the general design, the Cemetery Superintendent shall have the right to remove such tree or shrub, or any part thereof, as in his judgment ~ay seem best. Section 7328. '..Ihen cemetery N.ot Res:p'onsible. The Clty shall take reasonable precaution to protect plots, crypts and -10- of Bectlon 615 d pursuant to the prov~slons emergency measure adopte , C ty Charter. of the Santa Mon~ca i SECTION 5. l'S hereby declared to be This ordlnance . e e - as may be required by the Cemetery Superintendent. Section 7325. Vaults. Vaults wholly or L~ part above the ground will not be allowed without special permission from the Cemetery Superintendent~ and application for same must be acco~panied with plans and specifications for approval. Section 7325A. Monument Headstone and Markers. The City reserves the right to prohibit the erection of any vault~ monument, headstone or marker that may be considered by the Cemetery Superintendent inappropriate, either in ~aterial~ design~ wor~an- ship, or location as to lts position on the grave~ burial plot~ lot, block or section~ crypt or niche and the City also reserves the right to prohibit the erection 01 any vaults, mon~ents or head- stone in any section or block that ~ay be designated or reserved for the use of flat markers only which do not proJect above the ground level. Section 7325B. Copings) Trellis) Arch, Wooden Markers. No coping, curbL~g, or enclosure of any kind around lots or graves; no wooden or wire trellis or arch~ and no wooden markers or headboards shall be per~itted to be erected in any part of the Cemetery, and sho~ld those heretofore established become unsightly or in disrepair, then the Cemetery Superintendent shall have the same reIPoved. Section 7325C. Trees and Shrubs. Trees and shrubs Shall be pl~~ted only by per~iss~on of the cemetery Superintendent and when the proposed location and selection of such trees and shrubs is appropriate. If any tree or shrub standing on any plot shall become detrlinental to'adjacent lots, or interfere with the general design, the Cemetery SuperL~tendent shall have the right to remove such tree or shrub, or any part thereof, as in his judgment ITay seem best. Section 7328. When cemeter~ Not Responsible. Tne City shall take reasonable precaution to protect VIots, crypts and -10- . e . . niches, and the property rights of plot, crypt and niche owners, within the Cemetery from loss or damagei but it disclalms all responslbility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mis- chief makers, exploslons, unavoidable accldents, invasions, insurrection, riots, or order of any military or civil authority whether the damage be direct or collateral, other than as herein provlded. SECTION 2. Any provisions of the Santa Monica Munlcipal Code, or appendices thereto inconsistent herewith. to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of thlS ordinance. SECTION 3. If any sectlon, subsect~on, sentence, clause or phrase of thlS ordinance is for any reason held to be invalid or unconst1tutional by a decislon of a court of competent Juris- diction, such decision shall not affect the validity of the remainlng portlons of the ordinance. The City Council hereby declares that lt would have passed this ordinance and each and every section, sub- :ectlon, sentence, clause or phrase not declared invalid or uncon- titutional without regard to whether any port10n of the ordinace )uId be subsequently declared lnvalld or unconstitutional. SECTION 4. This ordinance is declared to be an rgency measure adopted pursuant to the provlsions of Section 615 ~he Santa Monica City Charter. SECTION 5. This ordinance 1S hereby declared to be :sary as an ~lergency measure and lts adoption is urgent for rVlng the pl1hlic peace, health and safety in that it 18 necessary lVlde contlnuous serVlce at the mausoleum prior to, during -11- e e e - and following the acquis~t1on of Woodlawn Mausoleum by the City of Santa Mon~ca, wh1ch acqu1sition 1S presently pending. SECTION 6. This ordinance shall take effect and be in full force immediately upon its passage and adoption pursuant to the provis1ons of Section 619 of the C1ty Charter. SECTION 7. The C1ty Clerk will cert1fy to the passage and adopt1on of th1s ordinance and shall cause the same to be pub- 11shed once in the Santa Monica Evening Outlook, a newspaper of general c~rculation, pub11shed and circulated in the City of Santa Mon1ca. ADOPTED and APPROVED th1s 11th day of November , 1975. -?pd;J ~ Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. CITY OF SANTA MONICA I do hereby certify that the foregoing ord1nance was duly and regularly introduced and adopted at a meeting of the City Council of the City of Santa Mon1ca on the 11th day of November , 1975, pursuant to ~6l5 of the Charter of the City of Santa Mon1ca, by the following vote of the Council: AYES: CounC11member: Cohen, Judson, McCloskey, Reed, Swink, van den Steenhoven, Trives NOES: Councilmember: None ABSENT. Councilmember: None APPROVED AS TO FORM: C1ty Attorney -12-