§ 7-81 — Granting generally; application

Sec. 7-81. - Granting generally; application.

(a) Burial rights in and to burial spaces and lots in cemeteries shall be granted by the Director, when written application for the grant of such rights is filed with the Director and upon payment of the charges prescribed by the City Council therefor as set out in Section 7-92, which may be increased or decreased at any time and from time to time by the Council, provided that burial rights in areas in the cemeteries set apart for single burial spaces shall not be granted for more than two burial spaces to any one person. In cemeteries with two-grave lots or companion grave sections; however, no more than one burial space shall be granted to any one person in the single-grave area. Whenever a body is disinterred in an area in a cemetery set apart for single burial spaces, the burial rights in and to the burial space shall be retained by the individual to whom the certificate and burial rights have been issued or granted, unless: (1) The individual to whom the certificate and burial rights have been issued or granted at any time submits to the Director a written notice of such individual's intent to, in lieu of retaining such burial rights, accept a credit in an amount equal to the cost of the burial space as of the date the certificate and burial rights were initially issued or granted, which shall be used towards the purchase of or to defray the costs expended for a separate burial space or lot in a cemetery, less any amounts due to the City for such individual's purchase of any burial space or lot or for any charges accrued in connection with services the City has provided in accordance with this chapter for which such individual is responsible or has accepted responsibility; or (2) The individual to whom the certificate and burial rights have been issued or granted is deceased, in which case such burial rights shall pass in accordance with Section 7-88. Whenever an individual to whom a certificate and burial rights have been issued or granted submits to the Director a written notice of such individual's intent to, in lieu of retaining such burial rights, accept a credit in accordance with this subsection, the Director may apply such credit, less any amounts due to the City for such individual's purchase of any burial space or lot or for any charges accrued in connection with services the City has provided in accordance with this chapter for which such individual is responsible or has accepted responsibility, either towards the purchase of a separate burial space or lot in a cemetery or, if such individual has purchased a separate burial space or lot prior to submitting such notice, the issuance of a refund. No credit issued in accordance with this subsection shall be sold or transferred and, upon the death of an individual to whom the City has issued such a credit, such credit shall lapse and be of no effect if not used prior to such individual's date of death. (b) The form of the application shall be prescribed by the Director and shall contain a designation or description and the location in the cemetery of the burial space or lot and shall provide that the grant of such burial rights shall be subject to all of the sections of this chapter, which may be amended, altered or replaced at any time and from time to time by the City Council. The application shall be made and signed only by the person to whom the certificate provided for by Section 7-84 is issued, and the applicant shall thereby agree, on the applicant's behalf and on behalf of any successors to such burial rights, to be bound by, observe and comply with the sections of this chapter as such sections exist at the time the application is made or as they may be thereafter amended, altered or repealed.

(Code 1993, § 7-53; Code 2004, § 22-108; Code 2015, § 7-81; Code 2020, § 7-81; Ord. No. 2011-190-186, § 1, 11-28-2011)