(a)
All
additions to the present city cemetery, known as Oakland Cemetery
shall comply with the provisions of this division relating to the
division of cemetery land by sections, blocks, lots and grave numbers.
The cemetery shall be divided into five (5) sections identified as
section A, section B, section C, section D, and section E.
(b)
Oakland
Cemetery is set apart for the burial of the residents of this community
and the surrounding area subject to the rules established in this
division, this code, and any applicable federal or state laws.
(c)
All
spaces in the cemetery owned and operated by the city shall be conveyed
to the purchaser by warranty deed for the purpose of burial only.
The rights of the purchaser therein are subject to such rules and
ordinances as may be enacted or amended from time to time by the city
council.
(d)
The
rules and regulations herein contained are designed for the protection
of the rights of all grave space owners. The rules adopted have been
determined to be reasonably necessary and incidental to achieve the
aforestated objectives.
(e)
Oakland
Cemetery, consisting of approximately 31.69 acres, is divided into
blocks, each containing lots, generally each lot being twenty (20)
feet by twenty (20) feet in size, and each lot generally containing
eight (8) grave spaces. Each grave space shall be five (5) feet by
ten (10) feet in size.
(f)
Each
grave space shall be limited to either: (1) one (1) adult casket;
(2) no more than two (2) urns; or (3) a child casket that is three
foot (3 ft.) or smaller and, if desired, one urn. Urns shall not be
placed in a grave space which contains an adult casket.
(g)
Oakland
Cemetery shall provide a pauper’s burial area, a baby burial
area, and an urn garden area where it is determined necessary and
appropriate.
(h)
Baby
burial plots are four (4) feet by five (5) feet.
(i)
Urn
garden plots are limited to one (1) urn per each three (3) by two
(2) foot plot area. Urn garden plots are sold in sequential order
on a first-come, first-serve buying basis. Only flat markers are allowed
in section E. Only one (1) potted plant per urn garden plot will be
allowed in section E if it is attached to a monument. The monument
must be centered in the space provided and flush with the top of the
property line in section E.
(j)
By
resolution of the city council, from time to time as necessary, a
gravesite purchase price, perpetual care fees, and grave digging service
fees shall be established.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
All
administrative matters pertaining to the operation of the cemetery
shall be under the direction of the city manager or his designate.
(b)
The
city shall provide for the continuing care, maintenance, operation,
and improvements to the cemetery. In general, this shall include:
road construction and maintenance, mowing, pruning, landscaping, removal
of plant material, policing of the grounds, pest control, and other
such maintenance as may be necessary to keep the cemetery presentable
at all times.
(c)
Oakland
Cemetery care does not include the purchase, erection, repair, or
replacement of markers, headstones, monuments or any other item on
a grave space.
(d)
Oakland
Cemetery shall be open daily from dawn to sundown unless otherwise
directed by the city manager.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
The
city manager or his designate is hereby authorized and directed to
make, execute, and deliver all deeds conveying lots or portions thereof
to the purchasers of same. Deeds may be delivered to purchaser only
upon full payment of the purchase price, which must be paid prior
to interment. All deeds so conveying lots or portions thereof within
Oakland Cemetery shall be subject to the terms of this division.
(b)
Baby
burial plots are provided at no cost. Pauper gravesites are provided
at no cost so long as the pauper resided in the city limits at the
time of his or her death. The county designate will determine if a
person qualifies as a pauper. Monuments larger than two (2) foot by
one (1) feet by six (6) inches shall not be placed upon the plot.
Subsequent placement of monuments larger than the aforementioned size
will be evidence that a fee to purchase the burial plot can be afforded
and therefore shall be assessed a fee equal to a burial plot. Approval
must be obtained by the city manager or his designate prior to placement
of any marker, headstone, or monument in a pauper or baby burial plot
section.
(c)
The
sale, transfer, or assignment of any space in the municipal cemetery
by any owner or purchaser shall not be binding upon the city until
it has been approved in writing by the city manager or his designate,
and a new deed containing the approval of the city manager from the
seller to the new purchaser is executed and delivered to the city.
A fee shall be assessed for the transfer of any space and will be
set by the fine and fee schedule. The resale of lots is permitted
as long as the transaction is approved by the city. The resale of
lot(s) cannot be more than the original price paid when lot(s) was
originally purchased.
(d)
The
city manager or his designate may enter into contracts with prospective
purchasers of cemetery grave spaces, urn garden plots, or other plots
to be used for interment. Such contracts shall not exceed twelve (12)
equal payments made on a monthly basis. Should default occur in the
timely payment of any installment, the purchaser shall forfeit all
interest in any space subject to the contract. Forfeited spaces may
be placed for sale to other purchasers. Any balance remaining after
deducting the administrative fee, determined by the city manager or
his designate, will be refunded to the defaulting purchaser.
(e)
Records
containing full data on all interments shall be kept in the city files,
shall be the official record regarding the cemetery, and shall be
available to the public as applicable by law. The data is to include
the section, lot, and grave location and the name, age, and the date
of interment of each grave occupant.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
The
city does not perform any grave digging services. Grave digging services
must be in compliance with this section.
(b)
The
burial of urns may be performed by a lot owner, their designate or
a funeral director without obtaining a permit as long as the city
manager or his designate is notified of such burial prior to date
of interment.
(c)
No
person, firm, or corporation shall perform any grave digging services
in Oakland Cemetery without first having obtained a permit from the
city secretary. Such person, firm, or corporation shall make application
that shall include the following:
(1)
Name and address of person and/or firm making the application.
(2)
A list and description of equipment that will be used, which can
be operated safely between graves having six foot wide walkways.
(3)
Proof of general liability insurance for at least three hundred thousand
dollars ($300,000.00), with the city named as co-insured or additional
insured.
(4)
A nonrefundable annual fee to cover the costs of processing the application,
as may be set by the city manager or his designate.
(d)
The
city manager or his designate shall issue a one-year permit, provided
the applicant has paid the application fee, submitted a complete application
form, meets the equipment standard in (b)(2) of this section, and
has on file with the city the insurance certificate required by this
division.
(e)
Upon
receipt of a complaint from the general public to the city manager
or his designate regarding the performance of grave digging services
by the permit holder, the city manager or his designate may hold a
hearing to consider cancellation of the permit. The permit holder
will be given ten (10) days’ notice by registered mail of such
hearing. The permit holder shall be given the opportunity to appear
and contest the cancellation of his permit at such hearing. Any subsequent
cancellation shall be provided in writing to the permit holder and
shall state the reasons for such cancellation. Reasons may include
failure to comply with applicable ordinances, unpaid damages to public
or private property, or the collection of fees not authorized by the
city.
(f)
Grave
digging services shall protect surrounding graves by the use of ply
board as necessary during wet seasons.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
All
grave services performed within Oakland Cemetery shall comply with
state laws and shall be in compliance with this section and all other
sections of this division.
(b)
The
city shall establish the final grade to match the surrounding area
on spaces after an appropriate amount of time has elapsed after burial
to allow for settling.
(c)
Any
grass, flowers, shrubs, trees, or other types of vegetation shall
be planted only by or at the direction of the city manager or his
designate in accordance with a master landscape plan for the entire
cemetery. Plantings by individuals are prohibited and shall be removed
and disposed of by the city.
(d)
Plantings
of trees, shrubs, or flowers on grave spaces that existed prior to
adoption of Ordinance Number 316-91 on January 14, 1991, which were
specifically grandfathered with the adoption of that ordinance, shall
continue to be grandfathered, provided that these plantings may be
removed and disposed of by the city whenever they become unsightly,
or as necessary to provide access to grave spaces. Replacement of
grandfathered plantings that have been removed shall not be required.
(e)
The
placing of one (1) potted plant, basket, floral piece, decoration,
or other object of a temporary nature, not exceeding six (6) inches
in diameter and twenty-four (24) inches in height is allowed, but
must be placed within six (6) inches in front of the marker, headstone,
or monument. Any marker, headstone, or monument containing permanently
attached vase(s) may have more than one flower arrangement if placed
in existing vase(s); a saddle arrangement may also be placed on this
type of marker, headstone, or monument. Funeral designs are acceptable
and can be placed on a new grave, but will be removed two (2) weeks
after date of interment.
The digging of holes for the placement of potted plants and
baskets is prohibited. The city shall not be held liable for lost,
stolen, or misplaced items set upon cemetery spaces.
(f)
Holiday
decorations on graves must be temporary, be placed no sooner than
five (5) days prior to a holiday calendar date, be removed after ten
(10) days from the holiday calendar date, and be placed within eighteen
(18) inches of grave markers. These decorations will be removed and
disposed of by the city after eleven (11) days following a holiday
calendar date if not removed by family. Holidays included, but not
limited to: Valentine’s Day, Easter, Memorial Day, Independence
Day, Halloween, Veteran’s Day, Thanksgiving, and Christmas.
(g)
Benches, bricks, or foot stones are not allowed unless express written consent is granted by the city manager or his designate. Benches that are part of a monument, and of the same material, are allowed as long as they meet the requirements stated in section 1.12.037(a).
(i)
The
city manager or his designate has no wish to interfere with the taste
of individuals to the style of their improvements, but in seeking
justice for all, holds the right to prevent or remove anything deemed
injurious to the immediate locality, or prejudicial to the general
good appearance of the grounds, and to prevent any planting which
they may deem injurious, unsightly, or detrimental. The city manager
or his designate shall have the right to remove and dispose of all
flowers, potted plants, wreaths, baskets, floral pieces, funeral designs,
decorations, and all other objects when they become withered, unsightly,
or an obstruction to maintenance.
(j)
The
city manager or his designate is empowered to and may enter upon any
space within the cemetery and remove and dispose of anything that
may have been erected or placed thereon contrary to the provisions
of this section, and may remove and dispose of any dead or damaged
tree, shrub, or vine.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
No copings, hedges, fences, exposed vaults, walls, or other enclosures shall be permitted in, on, or around any space in sections b and c and shall be removed in accordance with section 1.12.041 herein.
(b)
Coverings
and ledgers shall only be permitted in sections A and D upon the approval
of the city manager and his designate. For the purpose of this division,
a covering means any material other than turf that may be placed over
the grave. A ledger is any marker, headstone, or monument that may
be placed in such a way as to cover the grave space and must be flush
with the ground.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
The
base of all grave markers, headstones, government-issued veteran markers,
corner stones and monuments shall be placed flush with the property
line of the grave space. The material for each marker, headstone,
veteran markers, corner markers or monument placed in the cemetery
must be consistently uniform with current monuments within the cemetery;
the city manager or his designate must grant written approval before
marker, headstone, or monument is placed in the cemetery. A grave
space shall not have more than two (2) single markers on the space.
Any marker (excluding veteran markers or corner markers), headstone,
or monument shall be placed on a concrete base to prevent from sinking,
leaning, etc. Government-issued veteran markers or corner markers
must be installed flush with the ground. Family markers, headstones,
government-issued veteran markers, corner markers or monuments must
be placed on the property line. Temporary markers will be removed
once a permanent marker, headstone, or monument has been placed on
a grave space. Written permission to place any marker, headstone,
government-issued veteran markers, corner markers or monument must
be obtained from the city manager or his designate. Grave space must
be paid in full prior to placing a marker, headstone, government-issued
veteran markers, corner markers or monument. Failure to meet any of
the above requirements may result in the removal of a marker, headstone,
government-issued veteran markers, corner markers or monument by the
city manager or his designate.
(b)
No
curbing of any kind shall be permitted in sections B and C of Oakland
Cemetery with the exception of that installed by the city to delineate
the boundaries of the blocks.
(c)
Curbing
is grandfathered in sections A and D.
(d)
Surface
vaults are permitted in sections A and D of Oakland Cemetery with
the issuance of a permit by the city.
(e)
Foot
stones are not allowed in Oakland Cemetery.
(f)
Mausoleums
and crypts may be built in sections A and D but must be built and
sealed by an approved contractor in that field. Before construction
begins, the contractor must obtain a permit from the city.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
Established.
All money collected for the purpose of
providing perpetual care for cemetery lots or grave spaces shall be
deposited in interest-bearing accounts insured by the Federal Deposit
Insurance Corporation, and shall be referred to as the perpetual care
fund.
(b)
City to provide care.
The city shall provide perpetual
care of Oakland Cemetery, either by city personnel or under contracts
with third parties.
(c)
Income from perpetual care fund; restriction on use; maintenance
of fund.
(1)
Interest income generated from the perpetual care fund shall be used
to defray the cost to the city of the perpetual care provided by it
or under contract with third parties.
(2)
The funds contained in the perpetual care fund can be used for no
other purpose than to provide a fund for the generation of income,
which shall be used as aforesaid.
(3)
The city shall maintain the perpetual care fund for perpetuity for
the use and benefit of owners of lots or spaces with Oakland Cemetery.
(Ordinance 562-08, ex. A, adopted 9/8/08)
(a)
Perpetual care fee for owners prior to June 12, 1967.
(b)
Establishment of prices and fees.
The purchase price
and the perpetual care fee for all spaces purchased in Oakland Cemetery
shall be established by ordinance of the city council and amended
as necessary from time to time, upon recommendation of the city manager.
(Ordinance 562-08, ex. A, adopted 9/8/08)
A memorial option is available through the Oakland Endowment
Fund established by the city. All gifts donated to this fund shall
be used for facility or landscape improvements as approved in the
master landscape plan, maintenance of roads and facilities, or as
designated by the donor.
(Ordinance 562-08, ex. A, adopted 9/8/08)
Whenever the city manager or his designate determines that there has been an infraction of the rules set forth in sections 1.12.036 and 1.12.037 herein, the procedures listed below shall be followed:
(1)
The
city manager or his designate shall record and document infractions
of this division.
(2)
Notice
in writing of the infraction shall be sent to the owner of the lot
or space at the address of the owner according to the records of the
city specifying the infraction, the rule violation, and the action
necessary to be taken to correct the infraction.
(3)
The
owner shall have fourteen (14) days from the date notice was mailed
for compliance or appeal, or attempted notification was made in the
case no current address is available.
(4)
Should
the violation not be corrected within in the time allotted, the city
manager or his designate shall cause the removal and disposal of the
item(s) that constitute the infraction.
(Ordinance 562-08, ex. A, adopted 9/8/08)
The use of the Madeley Chapel is free of charge to the public,
and can be used on a first-come, first-serve basis for memorial funeral
services only. Any individual can request use of the chapel through
authorization of the city.
(Ordinance 562-08, ex. A, adopted 9/8/08)
