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Resolution No. 2022-018Rd= CLANT CITY OF CLERMONT RESOLUTION NO.2022-018R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA, RELATED TO THE CLERMONT MUNICIPAL CEMETERY, ALSO KNOWN AS OAK HILL CEMETERY; AMENDING THE RULES AND REGULATIONS AND RESTRICTIONS; AMENDING THE COMPREHENSIVE FEE SCHEDULE TO PROVIDE FOR THE ADJUSTMENT OF FEES RELATED TO THE SALE AND PURCHASE OF CEMETERY PLOTS AND NICHES AT OAK HILL CEMETERY; PROVIDING FOR REPEAL AND CONFLICT, SEVERABILITY, PUBLIC ACCESS, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, Section 22-3 of the Code of Ordinances of the City of Clermont provides that the City Council shall by resolution adopt rules, regulations and restrictions for the use of Oak Hill Cemetery; and WHEREAS, it has been determined by the City Council that the adoption of amended rules, regulations and restrictions, as reflected in Exhibit A, is in the best interest of all users of Oak Hill Cemetery and the citizens of the City of Clermont; and WHEREAS, the City of Clermont pursuant to its Home Rule authority as a municipal corporation under the laws of the State of Florida, has the authority to establish and collect fees for care and maintenance of the cemetery areas; and WHEREAS, the adjustment of fees as set forth herein, and reflected in Exhibit B, are consistent with the Clermont City Code Chapter 22 which provides for the valuation of cemetery lots by the City Council and the creation of a separate Cemetery Fund to be used for routine maintenance and/or improvements to the cemetery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida, as follows: SECTION 1: The City Council of the City of Clermont does hereby adopt the amended rules, regulations, and restrictions for use of Oak Hill Cemetery as specifically set forth in Exhibit A attached hereto and incorporated herein; with strikethroughs indicating the removal of existing language and underlines indicating the addition of language. SECTION 2: The City Council does hereby amend the Comprehensive Fee Schedule as shown in Exhibit B attached hereto and incorporated herein. d�,/ CLEK ON1- CITY OF CLERMONT RESOLUTION NO.2022-018R SECTION 3: REPEAL AND CONFLICT Resolution dated February 26, 1960 and Resolution No.: 273 dated March 16, 1976 are expressly and hereby repealed. All other resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 5: PUBLIC ACCESS A copy of this Resolution shall be placed on file for review by the public in the Office of the City Clerk. SECTION 6: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. S= CLER%NT CITY OF CLERMONT RESOLUTION NO.2022-018R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 13th day of December, 2022. CITY OF CLERMONT Tim Murry, yor LX G�' Tracy Ackroyd Howe, MMC City Clerk APPROVED AS TO FORM AND LEGALITY: Da el antz City Attorney EXHIBIT A RULES AND REGULATIONS OF CLERMONT MUNICIPAL CEMETERY PURPOSE These rules and regulations are designed for the protection of owners and interment rights as a group. They are intended, not as restraining, but rather as preventing the inconsiderate from taking unfair advantage of others. Their enforcement will help protect the cemetery and create and preserve their beauty. These rules and regulations are hereby adopted by the City Council as the rules and regulations of the Clermont Municipal Cemetery, and all owners of interment rights, visitors and contractors performing work within the cemeteries shall be subject to said rules and regulations, amendments or alterations as shall be adopted by the City of Clermont from time to time. DEFINITIONS The term "Administrative Rule" shall be defined as any formal procedure implemented by the City in furtherance of Council adopted rules and regulations for municipal owned cemeteries. 2. The term "Cemetery" shall mean any single property or all tracts of land designated as a municipal cemetery by the City. 3. The term "City" shall mean the City of Clermont and/or City Council. 4. The term "Columbarium" shall refer to a structure that is substantially exposed above the ground and intended to be used for the inurnment of cremated remains. 5. The term "Cremains" shall refer to the cremated remains of a deceased person. 6. The term "Deed" shall refer to the document provided to conveying to an owner Rights of Interment. 7. The term "Interment' shall mean the disposition of human remains by earth burial, mausoleum, entombment or inurement. 8. The term "Interment Rights" shall mean the right to place an individual human remains in a specific interment space within the cemetery selected by the purchaser for use as a final resting place, and subject to the limitations set forth herein. 9. The term "Inurnment' shall mean the placing of cremated human remains in an urn and placement in a niche or in the ground. 10. The term "Management' shall refer to the properly designated employees and agents of the City. 11. The term "Memorial" shall mean any marker or structure upon or in any lot or niche, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred. 12. The term "Monument' shall mean a tombstone or memorial of granite, marble or bronze, which shall extend above the ground surface used for identifying a gravesite and cemetery memorials of all types including markers and vases. 13. The term "Mortician" shall mean any locally licensed mortician, undertaker, and/or funeral director. 14. The term "Niche" shall mean a space of sufficient size to accommodate the cremated remains of one or two persons and sealed within an enclosure. 15. The term "Outside Supplier" or "Third Party Provider" shall mean any supplier of cemetery products or services, not employed by the City, that provide products or services for the express purpose of installation or use in a cemetery. 16. The term "Owner" shall mean the owner of the rights of interment as reflected in the records of the cemetery. 17. The term "Plot' shall mean a single space of sufficient size to accommodate a below ground interment of the bodily remains or the cremated remains of an adult or child. 18. The term "Resident' shall be defined as an individual, whose primary residence, at the time of purchase or death, is or was within the municipal boundaries of the City of Clermont. 19. The term "Urn" shall mean a receptacle designed to pennanently encase cremated remains. OWNERSHIP The City reserves the right to refuse interments for valid reason, and to refund any monies paid for the purchase price, and when so refunded, the interest of the owner shall revert to and become the property of the City. 2. Burial plots in any municipally owned cemetery shall be used for no other purpose than the burial of the human dead. 3. All plots in any municipally owned cemetery shall not be used for the interment of any animal or pet; a memorial may not make reference to a pet without prior approval of the City. 4. All charges associated with the purchase of space in a cemetery must be paid in full prior to the City providing a deed or allowing the conveyance of burial rights. 5. Not more than one (1) body, or the remains of more than one body, shall be interred in any one plot except in the case of a parent and infant in a single interment, or where there is a body and a cremains. In the case of a body and cremains the space required shall be the standard plot size for the selected area of the cemetery and may contain only one (1) interment and one (1) inurnment. SUPERVISION OF CEMETERY 1. The City reserves the right to compel all persons coming into the cemeteries to obey all rules and regulations adopted by the City. The rules and regulations may be changed without notice to any Owner by the City Council. 2. Administrative procedures for management of the cemetery may be implemented by the City Manager, or their designee, clarifying process derived from the Council approved rules and regulations. Any administrative rule shall be signed off by the City Manager, or their designee, prior to the procedures implementation. These Administrative Rules shall be logged and provided as supplemental to any copy of the rules and regulations. 3. The City shall take reasonable precaution to protect owners, and the property rights of the owners, within the Cemetery, from loss or damage; but distinctly disclaims all responsibility from loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, invasion, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. 4. The City reserves, and shall have the right to correct any errors that may be made be it either in making interments, disinterment or removals, or in the inscriptions, transfer, or conveyance and substituting and conveying in lieu thereof other interment rights of equal value and similar location as far as possible, or as may be selected by the City, or in the sole discretion of the City, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the City reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The City shall also have the right to correct any errors made by placing an improper description, including an incorrect name or date either on the memorial or on the container for cremated remains. 5. Persons within the cemetery grounds shall use only the avenues, walks, alleys and roads, and any person injured while walking on the grass, except that be the only way to reach his plot, or while on any portion of the Cemetery other than the avenues, walks, alleys or roads, shall in no way hold the City liable for any injuries sustained. 6. Automobiles shall not be driven through the grounds at a speed greater than fifteen miles per hour, and must always be kept on the right side of a cemetery's roadways. 7. The City reserves the right to close any area of a cemetery when accessibility would be hazardous or detrimental to any individual, vehicle or equipment. 8. 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 any part thereof, or remove or regrade roads, drives and walks, is hereby expressly reserved. The right to lay, maintain and operate, alter or change pipe lines or gutters for sprinkling systems, drainage lakes, etc. is also expressly reserved, as well as the right to use Cemetery property, not sold to individual owners, for Cemetery purposes, including the interring and preparing for interment of dead human bodies, or for anything necessary, incidental or inconvenient thereto. The City reserves to itself and to those lawfully entitled thereto a perpetual right to ingress/egress over lots for the purpose of passage to and from other lots. SALE AND PURCHASE OF INTERMENT RIGHTS The sale of any interment right by any Owner or purchaser shall not be binding upon the City, unless same shall first be duly approved in writing by the City. 2. Sales of in -ground plots at Oak Hill Cemetery shall be restricted to those residents who reside within the corporate limits of the City of Clermont and to employees in good standing with the City of Clermont. City of Clermont employees shall be limited to the purchase of two (2) in -ground plots which shall not be transferable. The sale of a columbarium and/or cremorial niche at Oak Hill Cemetery shall be available to both residents and non-residents of the City of Clermont. 3. All grading, landscape work, and improvements of any kind, and all care of lots shall be done, and all trees, shrubs, and herbage of any kind shall be planted, trimmed, cut or removed by the City. 4. No enclosure of any kind, such as a fence, coping, hedge, or ditch shall be permitted around any grave or lot. 5. Interment rights can be purchased in these cemeteries from the City Clerk and subject to the rules and regulations of said cemetery now or hereafter adopted for the government of these cemeteries, and for the purpose of interment only. This provision applies to all sales, whether made directly by the City or sales made by Owners. 6. No interment rights or contracts for the purchase of interment rights can be sold, assigned, transferred, pledged, or hypothecated without the written approval of the City Clerk. 7. Transfers of interment rights between two parties are not permissible. The City will only recognize interment rights for individual family members of the Owner of the plot, columbarium or cremorial niche as listed on the deed issued for the space. For purposes herein, family member of the Owner shall be defined as an individual who is related to the Owner as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. 8. No title to a lot shall be deemed valid to the purchaser until the amount of the purchase money shall have been paid, and the City reserves the right to remove all bodies which may have been interred in said lot, and place the same in a single grave section in the Cemetery if the full lot has not been paid for. 9. The City shall have the right of first refusal, and may purchase back (or buyback) lots from the Owners at the Owners request. The resale will be at the original purchase cost. City shall not reimburse Owners for memorials that are installed on the resale lot, but it will be at the Owners cost to remove any memorials at time of sale to the City. 10. Each Owner is vested with the ownership of his or her interment rights for the sole purpose of interment of human dead bodies. Under the regulations of the Cemetery, the interment rights cannot be conveyed without the assent of the City Clerk, nor any use, division or improvements of them be made which the City prohibits, or may deem improper. The Owner of interment rights may dispose of same by will, subject to the foregoing conditions. If the Owner dies intestate, the interment rights will descent to his or her heirs according to the laws of descent. 11. The City shall direct generally all improvements within the grounds and upon all lots and graves, before as well as after interments have been made there. They shall have charge of the planting, sodding, surveying, and improvements generally. The third party provider is responsible for tamping and re -sodding at grade level of burial plots. All excess dirt should be hauled to designated area immediately after closing of grave. 12. No person other than City employees or a licensed outside supplier shall be allowed to perform any work on any grave or lot within the grounds. 13. If any memorial, or any structure whatsoever, or any inscription to be placed on same shall be determined by the City to be offensive, they shall have the right, and it shall be its duty to enter upon such lot and remove, change, or correct the offensive or improper object or objects. 14. If any tree, shrub, or plant standing upon any lot by means of its roots, branches, or otherwise become detrimental to adjacent lots or avenues, or if any other reason its removal is deemed necessary, the City shall have the right, and it shall be its duty to remove such tree, shrub, or plant, or any part thereof, or otherwise correct the condition existing as in its judgment seems best. 15. No person shall pluck or remove any plant or flower, either wild or cultivated, from any part of the cemeteries. FUNERAL REGULATIONS 1. Interments shall be made only by locally licensed morticians. 2. No interment or disinterment to proceed shall occur until an appropriate work order/permit has been issued by the City Clerk's Office. Families and/or morticians must coordinate burial services or disinterment with the City Clerk's Office. a. The City does not offer Opening and Closing Services. These must be coordinated with an Outside Supplier. b. Openings of a site can only occur at maximum 48 hours prior to a service or burial. c. Any damage done by an Outside Supplier to landscaping or existing sites during operations are the responsibility of the Outside Supplier and must be corrected immediately. 3. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles, or similar articles will be permitted on any grave, lot, or tree. 4. No "For Sale" signs will be allowed on plots. No advertisements in any form will be allowed on any lots in the Cemetery, and the City reserves the right to remove there from any such signs or advertisements. 5. The City is not responsible for theft or damage to anything placed on graves or lots. 6. Disinterments may be made on consent of the City, and the written consent of the owner or owners of the lot, and the surviving wife, husband, children (if of full age), and parents of the deceased. Disinterments must be made by morticians. 7. It is against the rules of the City to allow photographers to take pictures of interments without the consent of the family. 8. The- City and its agents have authority to enter upon any lot and to remove any objectionable thing or any erection that may have been placed there contrary to the regulations of said City and they may remove any dead or damaged tree, shrub, or vine. 9. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the cemeteries. 10. All persons are strictly forbidden to break or injure any tree or shrub, or mar any landmark, marker, or memorial, or in any way deface the grounds of the Cemetery. 11. The City shall not be liable for floral pieces, baskets, or frames in which floral pieces are attached. The City reserves the right to remove any flowers, floral designs, trees, shrubs, trinkets, plants or herbage of any kind. 12. All persons are reminded that the grounds are sacredly devoted to the burial of the dead and that the provisions and penalties of the law as provided by statute will be strictly enforced in all cases of wanton injury, disturbance, and disregard of the rules. 13. It is of utmost importance that there should be a strict observance of all the properties due the place, whether embraced in the foregoing regulations or not, as no impropriety will be tolerated. 14. All well-disposed persons will confer a favor by informing the City Manager of any breach of proper decorum that may come under their notice. 15. Visitors to the Cemetery should not touch or disturb any object in the cemetery that does not belong to them. 16. No person or persons other than an employee of the City or an office of law enforcement shall be permitted to bring or carry firearms within the Cemeteries except a military guard of honor, and they only when in charge of an officer, and during a military service. 17. Plantings of any kind on all lots and graves in Oak Hill Cemetery are prohibited. 18. It is against the rules of the City for the lot owners to dig holes in the graves for the installation of vases or cans. The lot owner would be individually responsible for any accident caused by one of these holes, and the City reserves the right to remove any can or vase not installed by them, according to the Cemetery rules covering the types of vases permitted. 19. It is permitted to use one (1) memorial mounted vase or either one (1) in ground mounted vase that is mounted at ground level and has a bronze cap within the lots boundary. One (1) bouquet flower basket will be permitted on special occasions and will be removed by City when it becomes withered and/or after thirty (30) days. The City reserves the right to remove excessive flowers, potted plants, summer wreaths, artificial flowers or baskets of flower. Burial flowers, flower arrangements, wreaths and flower baskets shall remain on a grave until they become withered and/or up to one (1) month after the burial. When the burial flowers have been removed, the City will make arrangements to sod the burial site, not to exceed the size of the head stone. 20. Metal emblems or markers, flags, and guidons are prohibited on lots or graves except at Memorial Day, 4 h of July and Veterans Day or other appropriate days as designated by the City. They may be placed by authorized representatives of lodges, posts, camps or lot owners, but not to exceed two (2) before mentioned days and removed not later than three (3) days thereafter, after which such emblems will be removed from the lot by the City employees. After said time, the emblems become the property of the City. It is preferable that all such emblems be removed by the organization placing them or the lot owner. COLUMBARIUM AND CREMORIAL NICHES 1. Each columbarium space shall be 12x 12x 12 and have capacity for two (2) urns as would fit within that space. 2. Each cremated remains placed in a columbarium niche shall first be enclosed in an urn made of durable material. 3. All engravings for columbarium spaces and cemorial niches shall be ordered through the City. This is to ensure stylistic uniformity throughout the cemetery. a. Once a proof that shows spelling and placement of any engraving is confirmed by the space owner and installed within the cemetery, the purchaser is financially responsible for any future costs to replace or change the engraving. This may include the full cost for replacement of the plate in addition to any engraving. b. Engravings are handled by the City's designated third -party provider. Engraving fees are variable and may be changed at any time without advanced warning. The rate charged will be based on the date of request for engraving; the date of purchase of the niche shall have no bearing on the cost to engrave the plate. c. Engravings are non-refundable after confirmation of proof by a site owner. 4. Except for a period of one week from the date of interment, no additions, decorations, or photographs shall be affixed to the niche. 5. Only real flowers in a vase may be placed in a columbaria area. MEMORIALS No unattached borders are permitted. 2. Only one (1) grave memorial will be permitted on one (1) grave space, except for military memorials which will be placed at the foot of the grave and shall meet the City's minimum size requirement. The size and shape of all monuments shall be approved by the City in advance to ensure compliance with the specifications provided herein. 3. All memorials must be mounted on a base and foundation as further described herein. 4. In Oak Hill Cemetery, ground -level memorials shall be restricted to the First Addition and Second Addition, not to exceed the following dimensions: a. Single memorials: i. 28 inches x 16 inches Bronze only; ii. 32 inches x 20 inches Bronze on granite base, or all granite; iii. Military markers with separate vase mounted on granite, 28 inches x 24 inches including granite base. iv. One mounted vase is allowed. b. Double memorials: i. 56 inches x 16 inches Bronze only; ii. 60 inches x 20 inches Bronze on granite base, or all granite; iii. Military markers with separate vase mounted on granite, 62 inches x 16 inches including granite base. iv. Two mounted vases are allowed. 5. Above ground -level memorials shall be permitted only in Oak Hill Cemetery Third Addition, provided the memorial shall not exceed 48 inches in height and meets all other applicable restrictions contained herein. a. All above ground -level memorials shall be made of granite, marble or bronze. b. Above ground -level memorials greater than 16 inches in height shall be a minimum of 6 inches thick. C. Above ground -level memorials less than 16 inches in height shall be a minimum of 4 inches thick. d. Single memorials: The base or marker shall not exceed 42 inches in length. e. Double memorials: The base or marker shall not exceed 84 inches in length. f. Single monuments allow for one vase only. Two vases are allowed for double monuments. 6. All memorials shall be set on uniform lines as prescribed by the City. 7. All foundations for memorials shall be of a size and material specified by the City. DISASTERS 1. In the event of a disaster, the City and its agents shall work the hours as deemed reasonably necessary to accomplish the required work. Inurments shall be made after all interments are completed. City Management has the full authority to void any and all regulations necessary in order to complete interments as orderly and as expeditiously as possible. MODIFICATIONS AND AMENDMENTS 1. The City of Clermont may, and it hereby expressly reserves the right at any time or times, with or without notice to Owners, to adopt new rules and regulations, or to amend, alter, and/or appeal any rule, regulation, and/or article, section, paragraph, and/or sentence in these Rules and Regulations. 2. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The City, therefore, reserves the right, without notice, to make exceptions, suspensions, or modifications in any of the Rules and Regulations when, its judgment, the same appear advisable, and such temporary exceptions, suspensions, or modifications shall in no way be construed as affecting the general application of such. APPEALS Any family member of the Owner of a plot or columbarium or cremorial niche, who is specifically aggrieved by a decision by an administrative staff decision related to these rules and policies may file a written appeal within 30 days after the decision in dispute. Appeals shall be filed with the City Manager and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The City Manager shall schedule the appeal for consideration by the City Council no earlier than seven days and no later than 45 days after the receipt of the appeal. The City Council's decision on the appeal shall be final. EXHIBIT B Comprehensive Fee Schedule Section 6 - City Clerk Fee City Non -City Cemetery Resident Resident 1. Cemetery Spaces (Per Space) $700.00-$1.400.00 $1,400.00 Not Available 2. Cremorial Niche — Single Interment $500.00 $1,200.00 3. Cremorial Niche — Double Interment $900.00 $2,100.00 4. Columbarium (Per Niche) $700.00 $1,400.00 $4 ,400.00 $2.000.00