Charleston, W. Va., City Code § 22-61 Creation; power and duties.
Sec. 22-61. - Creation; power and duties.
(a) In the exercise of the general powers of the city, pursuant to W. Va. Code § 8-12-5 and W. Va. Code ch. 8, art. 16 (W. Va. Code § 8-16-1 et seq.), there is created a cemetery park commission to be known as The Spring Hill Cemetery Park Commission.
(b) The commission shall have power, authority and duty as set forth herein in relation to the grounds purchased by the city and more particularly described in all deeds of conveyance to the city and of record in the office of the clerk of the county commission and any other grounds which have been appropriated by the city for the purpose of a cemetery, and any other adjacent land which may be purchased or acquired by the city for cemetery purposes. Except where reference to separate cemetery grounds is necessary for specific provisions, the foregoing cemetery grounds and all structures and improvements are collectively referred to for purposes of this division as the cemetery or as Spring Hill Cemetery Park.
(c) The commission shall have the plenary power and authority to acquire by gift, grant, purchase, condemnation or otherwise and thereafter hold all necessary lands, rights, easements, rights-of-way, franchises and other property for the Spring Hill Cemetery Park; however, the commission's right of condemnation shall not extend beyond the current perimeter boundaries of the Spring Hill Cemetery.
(d) The commission shall have the power, authority, and duty to establish reasonable and lawful rules and regulations for the cemetery related to:
(1) Interments;
(2) conduct within the cemetery, including, but not limited to, access, visitation, funerals, assemblages, tours, traffic, parking, and protocols for respecting the deceased;
(3) Mausoleums, columbariums, and other structures of entombment;
(4) Burial lots;
(5) Monuments, markers, cenotaphs, memorializations, and decorations;
(6) Gardens, lawns and plantings;
(7) Creation, administration, investment, review and accounting of and for endowments and trust funds and the expenditure thereof.
A copy of the cemetery rules and regulations promulgated by the commission shall be filed in the office of the city clerk and may, upon request, be provided to anyone purchasing a right of interment.
(e) The commission shall have the power, authority, and duty to plan for the orderly development of the cemetery; to identify, plat, denote, delineate and name distinct sections, lots, roadways and other geographical features; to establish procedures for submission and review of plans and specifications for any construction or installation within the cemetery; to reserve or designate areas within the cemetery as places for assemblage, passive spaces, natural habitat, or for other beneficial uses related to the character and purpose of the cemetery; and to recommend to the mayor, city manager, superintendent and/or city council such development, programs or projects as would, in the opinion of the commission, improve the beauty, utility and general welfare of the cemetery.
(f) The commission shall have the power, authority, and duty to receive complaints or petitions related to interests in rights of interment, descent or division, errors of documentation or description, application or enforcement of any rule or regulation promulgated by the commission, and petitions for variances or exceptions to any rule or regulation promulgated by the commission, and to make inquiry and investigations thereof. The commission shall be the arbiter of any such complaints or petitions. The commission may establish reasonable rules and procedures to secure fair and timely determinations of every such complaint or petition, and, if requested or when otherwise necessary and practical to do so, shall timely issue written decisions, copies of which shall be provided to all interested parties, the city manager and filed with the city clerk. Any decision of the commission may be appealed by filing a written notice of appeal to the city manager within 30 days of transmission of the commission's decision to the complaining party or parties.
(Bill No. 7540, 10-1-2012)