[§ 4, L.L. No. 1-1981; L.L. No. 6-1987; § 1, L.L. No. 4-2006; § 2, L.L. No. 3-2010; § 3, L.L. No. 11-2011]
For the purpose of Part D of this
article, the terms used herein are defined as follows:
CEMETERY
All lands now or hereafter within the limits of Mount Hope
or Riverside Cemetery, respectively.
CEMETERY OFFICE
The personnel at the administrative offices located at Mount
Hope and Riverside Cemeteries.
CEMETERY PROPERTY
Interment space intended for the final disposition of human
remains, including, but not limited to, space in the ground, mausoleum
or columbarium.
DEED
A document conveying a right of interment in specific cemetery
property.
INTERMENT
The disposition of human remains by inurnment, entombment
or burial.
OWNER
A person having ownership interest in cemetery property.
[§ 4, L.L. No. 3-2010; § 3, L.L. No. 11-2011]
Unless otherwise prescribed by local
law or ordinance, all other matters relating to the control, care,
management and maintenance of the cemetery shall be determined by
the Commissioner. Suitable maps shall be made of all grounds, roads,
municipal structures, and interment space in the cemetery. The right
to enlarge, reduce, replat, or change the boundaries or grading of
the cemetery or of a section or sections, from time to time, including
the right to modify or change the locations of or remove or regrade
roads, drives or walks, or any part thereof, is hereby expressly reserved.
The right to lay, maintain and operate or alter or change pipelines,
ponds, or similar structures is also expressly reserved, as well as
the right to use cemetery property, not sold to owners, for cemetery
purposes, including the interment or preparation for interment of
human remains, or for anything necessary, incidental or convenient
thereto.
[§ 1, L.L. No. 1-2006; § 3, L.L. No. 11-2011]
Any owner or owners of cemetery property
may grant or devise the same in trust to the City, subject to its
acceptance thereof, and the City shall thereafter own the same in
trust to the extent and manner and for the purpose specified in and
by the deed, will or other conveyance. The City must thereafter permit
the interment of only such person or persons or class of persons in
such cemetery property as may be designated in such deed, will or
other conveyance or by the owner or owners thereof in his or her lifetime.
[§ 5, L.L. No. 6-1979; § 5, L.L. No. 1-1981; § 3, L.L. No. 11-2011]
The expenditure of perpetual care
and cemetery enterprise funds for the Mount Hope and Riverside Cemeteries
shall be determined by the Commissioner after appropriation in the
operating budget or otherwise by Council.
[Repealed by L.L. No. 6-1979; § 3, L.L. No. 11-2011]
[§ 4, L.L. No. 6-1979; § 3, L.L. No. 11-2011]
For all interment space sales, the
City shall collect and deposit in the Cemetery Perpetual Care Fund
a sum of money deemed sufficient for the purpose of the upkeep of
the cemeteries. The principal and interest in such Fund may thereafter
from time to time, as occasion may require, be expended by the City
on the cemeteries for the purpose of keeping the same in repair. The
City in no event is liable to repay the principal paid into the Cemetery
Perpetual Care Fund.
[§ 3, L.L. No. 11-2011]
Special section funds established
for the care of lots in designated sections or parts of the cemetery
are hereby prohibited and void.
[§ 1, L.L. No. 1-2006; § 3, L.L. No. 11-2011]
A. Any perpetual care arrangement which requires
the City to provide service to cemetery property, which exceeds the
requirements established by the Commissioner for perpetual care, is
hereby prohibited and void.
B. In instances where a property is covered
by a special care arrangement, the Commissioner shall notify the depositor
or heirs of record that the amount deposited for the special care
arrangement will be refunded upon request. If no such depositor or
heirs is found, the City shall have the right to transfer the amount
deposited to a charitable institution who will oversee the special
care.
[§ 1, L.L. No. 1-2006; repealed by § 3, L.L. No. 11-2011]
[§ 1, L.L. No. 1-2006; § 3, L.L. No. 11-2011]
A. Notwithstanding the provisions of any other
general, special or local law, the City of Rochester is hereby authorized
and empowered to purchase the unused cemetery property from the owners
of the property rights in such property for an amount not to exceed
the price at which such property was acquired by said owners plus
an amount equal to simple interest at 2% per year since the time such
lots were acquired and paid for in full by such owners or their ancestors.
If the owner or owners of the property rights in any cemetery property
can be ascertained and located, then the City is hereby authorized
to acquire such property from such owner or owners pursuant to purchase
agreement. If such owners cannot be located after diligent search,
the City of Rochester may acquire such property by condemnation, provided
that such property has remained unused for cemetery purposes for a
period of the most recent consecutive 50 years and no contact of record
has been made with the cemetery during such most recent consecutive
50 years.
B. Notwithstanding the provisions of any general,
special or local law, if one or more interment spaces remain unused
in cemetery property, the City is hereby authorized and empowered
to acquire such individual interment spaces from the owner or owners
of the rights and property interests in such property for an amount
not to exceed the sum for which such cemetery property was purchased
by the original owners plus an amount equal to simple interest at
2% per year since the time such lots were acquired by such owners
or their ancestors. If the owners of the rights in such individual
interment spaces cannot be located after diligent search, the City
of Rochester is hereby authorized to acquire such property rights
by condemnation if such interment spaces have remained unused for
cemetery purposes for a period of the most consecutive 50 years and
no contact of record has been made with the cemetery during such most
recent consecutive 50 years.
C. Cemetery property acquired pursuant to Subsections
A and
B may be resold by the City of Rochester at such prices as it may set from time to time.
D. Upon the repurchase of cemetery property
by the City from a person or persons having title thereto, the liability
of the City to any rightful owner or part owner of such property who
has not joined in the conveyance to the City shall be limited to the
payment of money damages and no equitable relief of any kind or nature
shall be permitted. The amount recoverable by any rightful owner shall
be limited to his or her proportionate share of the sum due all owners
from the sale of the cemetery property as determined by the purchase
price of the cemetery property conveyed plus an amount equal to simple
interest at 2% since the time the cemetery property was acquired by
such owner or his or her predecessors.
[§ 1, L.L. No. 3-1984; § 5, L.L. No. 3-2010; § 3, L.L. No. 2-2011]
Community mausoleums may be constructed
in City cemeteries. The cost of constructing such buildings shall
be financed through an advance sale of space in the mausoleums.