Ordinance 2023-01

An Ordinance Amending the Rules and Regulations for Cemeteries in the Village of Chagrin Falls and Amending Codified Ordinance Sections 953.03, 953.031 and 953.07 Regarding Fees and Charges for Burials in the Village Cemeteries and Declaring an Emergency

  • Introduced by: Grube
  • 1st Reading (01/09/23)
  • Passed (01/09/23)

Whereas, the Charter of the Village of Chagrin Falls provides that rules and regulations for the cemeteries are adopted by the Village Council; and

Whereas, the Village Council deems it appropriate to amend Ordinances 2017-14 and 2019-28 to amend the rules and regulations for the use of public cemeteries within the Village of Chagrin Falls; and

Whereas, the Village is authorized by Revised Code Section 759.03 to pass and provide for the enforcement of ordinances necessary to carry into effect Sections 759.02 to 759.48, inclusive, of the Revised Code, and the Village may regulate public burial grounds and cemeteries owned by the Village, the improvement thereof, the burial of the dead therein, define the tenure and conditions on which lots therein shall be held, and protect such burial grounds and cemeteries and all fixtures thereon; and

Whereas, Council has determined that Chapter 953 of the Codified Ordinances, and Ordinance 2017-14 and Ordinance 2019-28 regarding the pricing and regulation of mausoleums should be amended and supplemented to add the following provisions.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Section 953.03 of the Codified Ordinances is hereby amended, and supplemented to read as follows:

953.03   Purchase of graves

Evergreen Hill Cemetery is provided for the residents of the Village of Chagrin Falls. All sales or purchases of graves and crypts must be made through the office of the Cemetery Clerk for purpose of record. All purchases of graves and crypts must be purchased from the Village at the prevailing rate.

  1. (a) A nontransferable Right to Bury form will be issued by the Village to each purchaser of a grave. For a deceased resident who has a Trust, the Trust is limited to the purchase of one grave only.

  2. (b) A maximum of four graves may be purchased, per family, by Village residents only. The cost of a 4′×12′ full size grave that allows three cremation urns or one casket & two cremation urns is $1,500.00. The cost of a 4′×12′ full size grave in sections that allow three cremation urns only shall cost $700.

  3. (c) Graves in Section 3-C are for cremations only, and cost $3,000.00 each for residents and are limited to three cremation urns.

  4. (d) Village residents may not purchase graves for a non-resident.

  5. (e) In ground graves are not offered to non-residents; however, exceptions may be made at the discretion of the Cemetery Commission upon receipt of a written request from a non-resident. When an exception is made, a maximum of two graves may be purchased per family. The cost to a non-resident for a 4′×12′ full size grave is $2,350.00.

  6. (f) The purchase of a Right to Bury for a grave site is a final sale and nonexchangeable. It cannot, for any reason, be transferred, exchanged, or switched. Only the Village may repurchase unused graves at a rate of 75% of the current sales price, at the discretion of the Village.

  7. (g) Graves may be transferred by will or the laws of Ohio if intestate, and a new deed will be issued by the Cemetery Clerk for purpose of record. No other transfers shall be permitted, except resale to the Village of Chagrin Falls pursuant to Subsection 953.03(g).

Section 2. Section 953.03 of the Codified Ordinances is hereby amended, and supplemented, with strikeouts for deletions and underlining for additions, to read as follows:

953.03   Purchase of graves and mausoleums

Evergreen Hill Cemetery is provided for the residents of the Village of Chagrin Falls. All sales or purchases of graves and crypts must be made through the office of the Cemetery Clerk for purpose of record. All purchases of graves and crypts must be purchased from the Village at the prevailing rate.

  1. (a) A nontransferable Right to Bury form will be issued by the Village to each purchaser of a grave. For a deceased resident who has a Trust, the Trust is limited to the purchase of one grave only.

  2. (b) A maximum of four graves may be purchased, per family, by Village residents only. The cost of a 4′×12′ full size grave that allows three cremation urns or one casket & two cremation urns is $800.00 $1,500.00. The cost of a 4′×12′ full size grave in sections that allow three cremation urns only shall cost $700.

  3. (c) Graves in Section 3-C are for cremations only, and cost $1,300.00 $3,000.00 each for residents and are limited to three cremation urns.

  4. (d) Village residents may not purchase graves for a non-resident.

  5. (e) In ground graves are not offered to non-residents; however, exceptions may be made at the discretion of the Cemetery Commission upon receipt of a written request from a non-resident. When an exception is made, a maximum of two graves may be purchased per family. The cost to a non-resident for a 4′×12′ full size grave is $2,350.00.

  6. (f) The purchase of a Right to Bury for a grave site is a final sale and nonexchangeable. It cannot, for any reason, be transferred, exchanged, or switched. Only the Village may repurchase unused graves at a rate of 75% of the current sales price, at the discretion of the Village.

  7. (g) Graves may be transferred by will or the laws of Ohio if intestate, and a new deed will be issued by the Cemetery Clerk for purpose of record. No other transfers shall be permitted, except resale to the Village of Chagrin Falls pursuant to Subsection 953.03(g).

Section 3. Section 953.031 of the Codified Ordinances is hereby amended to read as follows:

953.031   Purchase of columbarium niches

  1. (a) The purchase of a Right to Bury for a niche is a final sale and nonexchangeable. It cannot, for any reason, be transferred, exchanged, or assigned. Notwithstanding the previous sentence, the Village may repurchase a niche at 75% of the current resident price, at the discretion of the Board of Cemetery Trustees.

  2. (b) No Village resident may purchase a niche for a non-resident.

  3. (c) The sale of a niche to a nonresident will be considered on a case-by-case basis upon receipt of a written request.

  4. (d) The cost of a memorial bench is $7,500, which includes the foundation and engraving.

  5. (e) Niche prices: Two cremains may be interred in each niche.

      Resident Non-Resident
    One Niche    
    Tier A $1,600.00 $2,400.00
    Tier B $1,500.00 $2,300.00
    Tier C $1,400.00 $2,200.00
    Tier D $1,300.00 $2,100.00
    Engraving    
    One Name $400.00 $400.00
    Two Names $575.00 $575.00

  6. (f) NICHE BURIAL PROCEDURES & COSTS (OPENING & CLOSING):

  7. (g) The cost for a niche interment before 3:00 pm on a weekday is $400.00 and $450.00 after 3:00 pm and on a Saturday.

  8. (h) Payment is due upon the scheduling of a burial. Interments shall not be made until full payment is made.

  9. (i) The Sexton shall request the family to produce their Right to Bury form. In the absence of a Right to Bury form the family shall sign an affidavit stating that they are the sole beneficiary of the burial site.

  10. (j) There shall be no burials on Sundays nor legal holidays.

  11. (k) The Village must receive 12-hour notice (one business day) for an interment. There will be no burials after 12:00 p.m. (noon) on Saturdays.

  12. (l) The niche is 12″ long, 12″ wide, and 12″ high. For two urns, each one must measure less than 5″ wide, 5″ long, and 11″ tall. For one urn, it shall measure 11″ long, 11″ wide, and 11″ tall or less.

  13. (m) Engraving of the face plate is $400.00 for one name and $575.00 for two names. All engraving is done through the Village. Only the name and date of birth & death are permitted on the face plate.

  14. (n) All interments will be done by Village employees.

  15. (o) Human remains only may be interred. No objects are permitted other than an urn.

  16. (p) The cost for a disinterment is $375.00 plus the cost of replacing the face plate.

Section 4. Section 953.031 of the Codified Ordinances is hereby amended, with strikeouts for deletions and underlining for additions, to read as follows:

953.031   Purchase of columbarium niches

  1. (a) The purchase of a Right to Bury for a niche is a final sale and nonexchangeable. It cannot, for any reason, be transferred, exchanged, or assigned. Notwithstanding the previous sentence, the Village may repurchase a niche at 75% of the current resident price, at the discretion of the Board of Cemetery Trustees.

  2. (b) No Village resident may purchase a niche for a non-resident.

  3. (c) The sale of a niche to a nonresident will be considered on a case-by-case basis upon receipt of a written request.

  4. (d) The cost of a memorial bench is $7,500, which includes the foundation and engraving.

  5. (e) Niche prices: Two cremations cremains may be interred in each niche.

      Resident Non-Resident
    One Niche    
    Tier A $1,600.00 $2,400.00
    Tier B $1,500.00 $2,300.00
    Tier C $1,400.00 $2,200.00
    Tier D $1,300.00 $2,100.00
    Engraving    
    One Name $350.00 $400.00 $400.00 $575.00
    Two Names $525.00 $575.00 $525.00 $575.00

  6. (f) NICHE BURIAL PROCEDURES & COSTS (OPENING & CLOSING): After 3:00 PM on a weekday is $500.00.

  7. (g) The cost for a niche interment before 2:00 PM Monday through Saturday 3:00 pm on a weekday is $600.00 $400.00 for residents and non-residents. The cost for a niche interment after 2:00 PM Monday through Saturday is $850.00. and $450.00 after 3:00 pm and on a Saturday.

  8. (h) Payment is due upon the scheduling of a burial. Interments shall not be made until full payment is made.

  9. (i) The Sexton shall request the family to produce their Right to Bury form. In the absence of a Right to Bury form the family shall sign an affidavit stating that they are the sole beneficiary of the burial site.

  10. (j) There shall be no burials on Sundays nor legal holidays.

  11. (k) The Village must receive 12-hour notice (one business day) for an interment. There will be no burials after 12:00 p.m. (noon) on Saturdays.

  12. (l) Columbarium 1 niches are 12″ long, 12″ high and 12″ wide. A single urn maximum dimension may be 11″ wide by 11″ high by 11″ long. For two urns, the maximum dimension for each urn is 5″ wide by 5″ long by 11″ high. Columbarium 3 niches are 12″ wide by 14″ long by 12″ high. Maximum dimension for a single urn is 11″ wide by 11″ high by 13″ long. The maximum for each urn when there are two urns is 5″ wide by 6″ long by 11″ high. The niche is 12″ long, 12″ wide, and 12″ high. For two urns, each one must measure less than 5″ wide, 5″ long, and 11″ tall. For one urn, it shall measure 11″ long, 11″ wide, and 11″ tall or less.

  13. (m) Engraving of the face plate is $350.00 $400.00 for one name and $525.00 $575.00 for two names. All engraving is done through the Village. Only the name and date of birth & death are permitted on the face plate.

  14. (n) All interments will be done by Village employees.

  15. (o) Human remains only may be interred. No objects are permitted other than an urn.

  16. (p) The cost for a disinterment is $375.00 plus the cost of replacing the face plate.

Section 5. Section 953.07 of the Codified Ordinances is hereby amended to read as follows:

953.07   Cemetery service charges

The following costs will be charged by the Cemetery. The Owner is responsible for any and all additional costs that may be charged by Contractors involved in the service.

  1. (a) Burials.

      Weekday Saturday  
    Adult Casket $850.00 $950.00 (per person/burial-transit permit)
    Infant Casket $500.00 $600.00 (per person/burial-transit permit)
    Cremation Urn $450.00 $500.00 (per person/certificate of cremation)

  2. (b) Disinterment.

      Weekday Saturday
    Adult Casket $1,000.00 $1,100.00
    Infant Casket $500.00 $600.00
    Cremation Urn $475.00 $575.00

  3. (c) Grave marker foundation fees. All monuments shall have a concrete foundation built by the cemetery sexton, pursuant to municipal specifications.

    • 2′×12″: $325.00
    • 3′×12″: $375.00
    • 4′×12″: $425.00
    • 5′×12″: $500.00
    • 6′×12″: $550.00

    No charge for 2′×12″ foundation for approved Veterans Administration marker.

Section 6. Section 953.07 of the Codified Ordinances is hereby amended, with strikeouts for deletions and underlining for additions, to read as follows:

953.07   Cemetery service charges

The following costs will be charged by the Cemetery. The Owner is responsible for any and all additional costs that may be charged by Contractors involved in the service.

  1. (a) Burials.

      Weekday Saturday  
    Adult Casket $850.00 $950.00 (per person/burial-transit permit)
    Infant Casket $500.00 $600.00 (per person/burial-transit permit)
    Cremation Urn $450.00 $500.00 (per person/certificate of cremation)

  2. (b) Disinterment.

      Weekday Saturday
    Adult Casket $1,000.00 $1,100.00
    Infant Casket $500.00 $600.00
    Cremation Urn $475.00 $575.00

  3. (c) Grave marker foundation fees. All monuments shall have a concrete foundation built by the cemetery sexton, pursuant to municipal specifications.

    • 2′×12″: $275.00 $325.00
    • 3′×12″: $325.00 $375.00
    • 4′×12″: $375.00 $425.00
    • 5′×12″: $425.00 $500.00
    • 6′×12″: $475.00 $550.00

    No charge for 2′×12″ foundation for approved Veterans Administration marker.

Section 7. The Chief Administrative Officer is hereby authorized to revise the Cemetery Rules and Regulations, consistent with this Ordinance and previous Ordinances to the extent not amended by this Ordinance, which shall be available for inspection and copying at the office of the Chief Administrative Officer. The Rules and Regulations adopted by the Chief Administrative Officer of the Village may be amended from time to time and shall be enforceable in accordance with Sections 953.09 and 953.99 of the Codified Ordinances of the Village of Chagrin Falls.

Section 8. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 9. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 10. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that this Ordinance must be immediately effective so that the new rules and orderly usage of the cemetery and the costs related thereto are in effect immediately to avoid individuals from taking undue advantage of a price change for cemetery facilities; wherefore, provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.