Ordinance 2023-77

An Ordinance Amending the Rules and Regulations for Cemeteries in the Village of Chagrin Falls and Amending Codified Ordinance Sections 953.03(b) & (e), 953.031(a), (d), (e), (g), (i), (k) & (p), 953.04(a) & (c) and 953.07(a) & (c) Regarding Fees, Charges and Administrative Matters for Burials in the Village Cemeteries and Declaring an Emergency

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 Ordinance 2023-01 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 2023-01 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 two 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 Mayor or the Chief Administrative Officer 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

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 two 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 Mayor or the Chief Administrative Officer 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 Cemetery Commission.

  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 cremation bench is $10,000, 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 $3,500.00 $6,000.00
    Tier B $3,500.00 $6,000.00
    Tier C $2,500.00 $4,000.00
    Tier D $2,500.00 $4,000.00
    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 2:00 pm is $600.00 and $850.00 after 2:00 pm Monday through 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 requires the family to produce their interment permit.

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

  11. (k) The Village must receive 48-hour notice (two business days) for an interment. There will be no burials after 4:00 p.m.

  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 $1,000.00 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 Cemetery Commission.

  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 cremation bench is $7,500 $10,000, 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 $3,500.00 $2,400.00 $6,000.00
    Tier B $1,500.00 $3,500.00 $2,300.00 $6,000.00
    Tier C $1,400.00 $2,500.00 $2,200.00 $4,000.00
    Tier D $1,300.00 $2,500.00 $2,100.00 $4,000.00
    Engraving    
    One Name $350.00 $400.00 $350.00 $400.00
    Two Names $525.00 $575.00 $525.00 $575.00

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

  7. (g) The cost for a niche interment before 3:00 2:00 pm on a weekday is $400.00 $600.00 and $450.00 $850.00 after 3:00 2:00 pm and on a Monday through 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 requires the family to produce their interment permit. 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 48-hour notice (one two business days) for an interment. There will be no burials after 12:00 4:00 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 $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 $1,000.00 plus the cost of replacing the face plate.

Section 5. Section 953.04 of the Codified Ordinances is hereby amended to read as follows:

953.04   Cemetery Rules and Regulations

In order to provide for orderly use of the cemeteries of the Village of Chagrin Falls and to assure equitable treatment for all users of the cemeteries, the Chief Administrative Officer is authorized to promulgate rules and regulations, not inconsistent with the Charter and Codified Ordinances, as may be necessary for the safe, economical, and efficient management and protection of the Village’s cemeteries. Such regulations shall have the same validity as an ordinance, and a current version shall be on file in the office of the Chief Administrative Officer.

BURIAL PROCEDURES:

  1. (a) The owner shall produce their interment permit.

  2. (b) There will be no burials on Sundays or Village holidays as listed in Codified Ordinance Section 149.10.

  3. (c) The Village must receive 48 hour notice (two business days) for burials. There will be no burials after 4:00 p.m.

  4. (d) Payment is due upon the scheduling of the burial.

  5. (e) Only one adult casket may be buried in a grave. An infant casket or two cremation urns may be buried on top of an adult casket-filled grave; or three cremation urns may be buried in an unused full size grave.

  6. (f) The west end of the grave is the ‘head’ end; the husband is buried in the south grave and the wife in the north grave of their two graves unless otherwise approved by the Sexton. In the case of domestic partners and marriages of the same sex, the grave owners shall designate which spouse or partner will be buried in each grave.

  7. (g) No burial may be made closer than three (3) feet to an existing large family monument in order to protect the stability of the monument.

  8. (h) A concrete or steel vault is required with all burials except cremations which must be in a marble or metal urn approved by the Sexton.

  9. (i) All burials (caskets and cremation urns) shall be performed by Village employees.

  10. (j) Human remains only may be buried in the cemetery. No objects are permitted other than caskets, vaults, and urns.

  11. (k) The Sexton will seed graves when weather permits.

Section 6. Section 953.04 of the Codified Ordinance is hereby amended, with strikeouts for deletions and underlining for additions, to read as follows:

953.04   Cemetery Rules and Regulations

In order to provide for orderly use of the cemeteries of the Village of Chagrin Falls and to assure equitable treatment for all users of the cemeteries, the Chief Administrative Officer is authorized to promulgate rules and regulations, not inconsistent with the Charter and Codified Ordinances, as may be necessary for the safe, economical, and efficient management and protection of the Village’s cemeteries. Such regulations shall have the same validity as an ordinance, and a current version shall be on file in the office of the Chief Administrative Officer.

BURIAL PROCEDURES:

  1. (a) The owner shall produce their Right to Bury form interment permit.

  2. (b) There will be no burials on Sundays or Village holidays as listed in Codified Ordinance Section 149.10.

  3. (c) The Village must receive 48 hour notice (two business days) for burials. There will be no burials after 12:00 noon 4:00 p.m.

  4. (d) Payment is due upon the scheduling of the burial.

  5. (e) Only one adult casket may be buried in a grave. An infant casket or two cremation urns may be buried on top of an adult casket-filled grave; or three cremation urns may be buried in an unused full size grave.

  6. (f) The west end of the grave is the ‘head’ end; the husband is buried in the south grave and the wife in the north grave of their two graves unless otherwise approved by the Sexton. In the case of domestic partners and marriages of the same sex, the grave owners shall designate which spouse or partner will be buried in each grave.

  7. (g) No burial may be made closer than three (3) feet to an existing large family monument in order to protect the stability of the monument.

  8. (h) A concrete or steel vault is required with all burials except cremations which must be in a marble or metal urn approved by the Sexton.

  9. (i) All burials (caskets and cremation urns) shall be performed by Village employees.

  10. (j) Human remains only may be buried in the cemetery. No objects are permitted other than caskets, vaults, and urns.

  11. (k) The Sexton will seed graves when weather permits

Section 7. 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. Monday through Saturday

      8:00 a.m. to 2:00 p.m. After 2:00 p.m.  
    Adult Casket $1,200.00 $2,000.00 (per person/burial-transit permit)
    Infant Casket $700.00 $800.00 (per person/burial-transit permit)
    Cremation Urn $600.00 $850.00 (per person/certificate of cremation)

  2. (b) Disinterment.

      Weekday
    Adult Casket $2,500.00
    Infant Casket $2,500.00
    Cremation Urn $1,000.00

  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. All grave markers must be approved by the Sexton before installation in the Cemetery.

Section 8. 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. Monday through Saturday

      Weekday 8:00 a.m. to 2:00 p.m. Saturday After 2:00 p.m.  
    Adult Casket $850.00 $1,200.00 $950.00 $2,000.00 (per person/burial-transit permit)
    Infant Casket $500.00 $700.00 $600.00 $800.00 (per person/burial-transit permit)
    Cremation Urn $450.00 $600.00 $500.00 $850.00 (per person/certificate of cremation)

  2. (b) Disinterment.

      Weekday Saturday
    Adult Casket $1,000.00 $2,500.00 $1,100.00
    Infant Casket $500.00 $2,500.00 $600.00
    Cremation Urn $475.00 $1,000.00 $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′x12″ $275.00 $325.00
    3′x12″ $325.00 $375.00
    4′x12″ $375.00 $425.00
    5′x12″ $425.00 $500.00
    6′x12″ $475.00 $550.00

No charge for 2′×12″ foundation for approved Veterans Administration marker. Grave markers must be approved by the Sexton before installation in the Cemetery.

Section 9. 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 10. 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 11. 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 12. 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 anyone 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.