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O1020 a e ORDINANCE NO. 1020 (ees) (CITY COUNCIL SERIES) AN ORDINANCE OF 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 At,lEND- MENTS REFLECTING THE PURCHASE OF THE EXISTING MAUSOLEUM AT THE CEMETERY. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3 of Article VII of the Santa Monica Municipal Code (Sections 7300, at. se~.) is hereby amended to read as follows: Section 7302(a). "cemetery Fnnd" 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. Sect10n 7302(b). "cemetery Capital Account" 1s that account in the Cemetery Fnnd set apart for the deposit of funds for equ1pment and construct1on at the cemetery. Section 7303. "Cemetery Perpetual Care Fund" is the sinking fund set apart in the C1ty accounting system for the deposit of all monies received for perpetual care. Section 7304. f1Perpetual Care" 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, Mausoleum, 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, repa1r 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 any special or unusual work in the Cemetery or in any mausoleum or columbarium, caused by the elements, an act of God, common enemy, thieves, vandals, malicious Mischief makers, 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 herein provided. Section 7306. Per~etual Care shall be sold with all burial plots, crypts, and niches. No part of the principal of the Cemetery Perpetual Care Fund shall be expended for any purpose other than for such lawful investments as the City Council may direct. The interest derived from such investments shall be transferred to the Cemetery Fund. Perpetual Care shall be limited to the income received from the investment of the Perpetual Care Fund. Section 7308. Price and Fee Schedule. The price for all property and all services throughout the cemetery, including the Mausoleum, Shall be established 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 and regulations as are now or hereinafter may be in force, or as the City may from time to time determine by ordinance. Section 7309(a). Eligibility to Own Plots and Cry~ts. No person is eligible to purchase a plot or crypt in the Cemetery unless at the time 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 period of five (5) years 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). Eligibility to Own Cremain Space. Any person is eligible to purchase a niche or plot in the Cemetery for the purpose of interment of cremains. -2- e e Section 7309(c). Trans~er of Plots) CrYfts and Niches. Owners shall not transfer or resell their plots~ crypts, or niches to any person, but may at any tlme resell them to the Ce~etery for the original purchase price, including services purchased, less the charge for any service actually rendered. (No transfer as to right of interment may be approved by the Cemetery Superintendent unless transferee is a resident, or at sometime prior to purchase had been a resident for a period of five (5) years of the City of Santa Monica; or has interred in this Cemetery a person related to him by either blood or marriage, and unless transferor certifies that he has received no remuneration for this privilege.) Section 7310. Payment. No burial plot, crypt, or niche shall be regarded as sold~ and no deed conveying a plot~ crypt, or niche shall be delivered until the amount due for plot, crypt~ niche, perpetual care, and all other charges are fully paid. No interment or memorial 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 memorial placed in or upon said plot, crypt~ or niche shall be considered as temporary. A note or con- tract shall not be considered as payment. In case the purchaser of any plot or crypt shall fail to meet any payment within thirty (30) days after the same is demanded, the Cemetery Superintendent may re-enter said property mnhold the same as of its former estate. In such case, the City reserves and shall have the right at its discretion to cremate immediately, or any time thereafter, any body contained in said plot or crypt, and to deposit cremains therefrom to a grave to be chosen by the Cemetery Superintendent and shall have the right to remove any memorial that may have been placed in or upon said property. prerayment. Prepayment on the basis of the estab- -3- e . lished schedule will be required of any authorized person ordering work done. It shall be the duty of the plot, crypt or niche owner to notify the Cemetery Superintendent of any change in their address. Notice sent by Cewetery Superintendent to a plot, crypt or niche owner shall be considered sufficient and proper legal notification. Section 7312. Deed to Cemetery Plot; Cry~t or Niche. Whenever a Cemetery plot, crypt or niche shall have been fully paid for, it shall be the duty of the Cemetery Superintendent to execute a deed to the purchaser or purchasers whenever the same is requested, or is otherwise necessary. Said deed shall be issued in the name 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 this Chapter and other applicable laws. Section 7313. Burial Vaults. All ground interments in the Cemetery shall be in vaults. Vaults may be furnished by the owner of the burial plot, subject to acceptance after inspec- tion by the Cemetery Superintendent. Section 7314. Interments. Not more than one (1) interment Shall be permitted in any grave, except when the ownerls consent in writing has been filed with the Cemetery Superintendent, and said Superintendent may consent to the burial in one (1) grave of a mother and her infant child, or of a person and the cremation ashes of members of the family of said person, provided such crema- tion ashes are placed in proper containers. Provided further, that the Cemetery Superintendent may permit 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. The first interment must be made with the bottom of the grave three (3) feet lower than the present regula- tion depth in said Cemetery. ~- e . No interment shall be permitted unless the deceased was a resident of the City of Santa Monica at the time of death, or at sometime prior to his or her death had been a resident for a period of 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 time of death was a member of the armed forces on active duty. The owners of plots may not allow interments in their 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 Cemetery Superin- tendent may refuse interment of any non-member of the family when- ever he shall deem it proper. Section 7315(a). Location_of Interment Space. Graves in plots owned by private persons, in which interments are contemplated, must be designated by members of the family or by their representative. When instructions regarding the location of an interment space in a plot cannot be obtained, 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 in such location in the plot as he shall deem best and proper. The Cemetery shall not be liable for damages for any error. Section 73l5(b) Orders Given By Tele~hone. The City shall not be responsible for any order received by telephone, nor for any mistake occurring due to the lack of precise and proper instructions 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 73l5(c). Errors May Be Corrected. The City reserves, and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals, ~- e e or in the description, 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 similar location, selected by the Cemetery Superintendent, or, in the sole discretion of the Cemetery Superintendent, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the City reserves, and shall have the right to remove 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. The 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 disinterment will be permitted without the consent of the person owning the plot, crypt or niche in which the interment is made, except: (a) By order of Court. (b) By order of the City in accordance with the provisions of Section 7310 of this Chapter. (c) By permit issued by Health Officers of the City of Santa 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 disinterment shall be made only by the City. The City shall not be liable for any damage incurred to any casket, vault or urn in performing disinterments. Section 7320(a). Disinterment for Ex~~an~e of Graves, ~rypts~ or Niches. A plot, crypt or niche owner desiring to exchange a plot, crypt or niche for one or more in a higher priced section, or block, or for a larger plot, crypt or niche in the same section may do so, subject to the approval of the Cemetery Superintendent, by purchasing at the price then established for the land, space, -6- e e perpetual care, labor~ materials 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 Prohibited. Removal~ by the heirs~ of a body, or cremated remains~ so that the plot, crypt or niche may be sold for profit to themselves, or removal 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 named as grantee in the instrument of con- veyance provided. however, that the husband or wife of any n~~ed 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 husband or wife of such vested right of interment provided, however. that a final decree of divorce between them shall terminate such vested right of interment unless it shall be otherwise provided by such decree of divorce. In all conveyances to two (2) or more persons as Joint tenants~ each joint tenant shall have a vested right of interment of his or her remains in the space so conveyed. Upon the death of a Joint tenant, the title to the burial space theretofore held in joint tenancy immediately vests in the surviver or survivers, sub- ject to the vested right of interment for the remains of the deceased joint tenant owner. A vested right of interment as in this rule provided may be waived and shall be terminated upon the interment elsewhere of the remains of a person entitled thereto. Section 7321(a). Descent of Right of I~terment. -7- e e If no interment has been made in a plot> crypt or niche 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 therefrom> 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 owner, descend in regular line of succession to the heirs at law of the owner. Section 7322. Application for Interment. The City reserves the right to refuse cremation or interment in any burial space> and to refuse to open any burial space for any purpose except on written application by the owner of record made out on a blank 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 cremation or interment, and to at least one week's notice prior to any disinterment or removal. Section 7323. Repurchasing Property Previously Sold. The City, at its option, may repurchase any plot, crypt, or niche by paying an amount not to exceed the original purchase price paid to the Cemetery for the plot, crypt> or niche, no allowance being made for any labor> materials, supplies> or interest. The City may exercise its option of repurchase where violation of contract or original terms of purchase occur> 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 Diseases. Advance notice Must be given to the Cemetery Superintendent of the intention to inter remains of any person who died of smallpox, or other virulent contagious disease, so that a proper time may be appointed and -8- e e suitable arrangements made for the safety of employees and the public. Section 7323(h). Saturday~ Sunday and Holiday 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 City Manager as holidays, except in 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 funeral director, or his embalmer, assistant, employee or agent shall be permitted 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 Owner Sufficient. The City reserves the right to make an interment of any member of the immediate family of any one of the several owners, upon his or her written authorization. No other person may be interred in any plot, crypt, or niche without the written consent of all surviving owners of the plot, crypt, or niche who are recorded as such on the books of the Cemetery. Section 7324. Regulations of Improvement. The manner of improvement and embellishment of burial plots> crypt and niches shall be subject to the approval and regulation of the Cemetery Superintendent who shall make such regulation as shall tend to the greatest degree of permanence and protection> and give to the grounds and buildings an appearance of harmony and design as far as is pos- sible under existing conditions and consistent with the purpose to which they are intended and dedicated. Section 7324(a). Grave~ crypt and Niche Identification. All grave, crypt> and niche markers and foundations for monuments shall be set by Cemetery personnel and must be of such dimensions -9- e e as may be required by the Cemetery Superintendent. Section 7325. Vaults. Vaults wholly or in part above the ground will not be allowed without special permission from the Cemetery Superintendent~ and application for same must be accompanied 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 material~ 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 prohibit the erection of any vaults, monuments or head- stone in any section or block that may be designated or reserved for the use of flat markers only which do not project above the ground level. Section 7325B. Co~ings~ Trellis, Arch, Wooden Markers. No copL~~ curbing~ or enclosure of any kind around lots or graves; no wooden or wire trellis or arch~ and no wooden markers or headboards shall be permitted to be erected in any part of the Cemetery, and should those heretofore established become 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 permission 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 detrimental 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 may seem best. Section 7328. v~en Cemeter1 Not Responsible. The City shall take reasonable precaution to protect plots, crypts and -10- e e niches, and the property rights of plot, crypt and niche owners, within the Cemetery from loss or damage; but it disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, cow~on enemy, thieves, vandals, strikers, malicious mis- chief makers, explosions, unavoidable accidents, invasions, insurrection, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. SECTION 2. Any provision of the Santa Monica Municipal Code, aT 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 this ordinance. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining por- tions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, sub- section, sentence, clause or phrase not declared invalid or uncon- stitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption, pursuant to Section 619 of the Santa Monica Municipal Charter. ADOPTED and APPROVED this 9th day of December , 1975. r - (C~JH6 ~ty Clerk 7(,d~~ 7/}4~ Mayor ATrEST: -11- e e STATE OF CALIFORNIA l COUNTY OF LOS ANGELES CITY OF SANTA MONICA ss. I do hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 11th day of November , 1975; that thereafter the said ord inance was duly adopted at a meeting of the City Council on the 9th day of December , 1975, by the following vote: A YES : Councilmembers: Cohen, Judson, McCloskey, Reed Swink, van den Steenhoven, Trives NOES: Councilmembers: None ABSENT: Councilmembers: None Ic;/'CJ;~ Citt Clerk\../ APPROvED AS TO FORM: City Attorney -12-