HomeMy WebLinkAboutITEM V-EAuburn Citv Code
Chapter 2.72
CEMETERY*(1)
Sections:
2.72.010
Annexation of property to city.
2.72.020
Description of property.
2.72.025
Definitions.
2.72.030
Name.
2.72.040
Board of commissioners.
2.72.050
Graves subject to rules and regulations.
2.72.060
Rules and regulations - Purpose - Amendments.
2.72.070
Endowed care.
2.72.080
Survey and plat.
2.72.090
Grade.
2.72.100
Reservation of grave space.
2.72.110
Rights attaching to graves.
2.72.120
Title and rights to cemetery plots.
2.72.130
Permission to remove remains.
2.72.150
Funerals, interments and committals.
2.72.170
Notice of interments.
2.72.180
Interments per individual grave.
2.72.190
Death certificate.
2.72.200
Interment agreement.
2.72.210
Interment of friends.
2.72.220
Location of grave.
2.72.230
Transfer of grave after interment.
2.72.250
Care and improvements.
2.72.260
Individual decorations.
2.72.270
Trimming and pruning trees and shrubs.
2.72.280
Monuments, headstones, markers.
2.72.290
Funerals, burials and committals - Days allowed.
2.72.300
Cemetery fees and charges.
2.72.305
Welfare burials.
2.72.310
Miscellaneous regulations - Exceptions.
2.72.330
Marker setting by private parties.
2.72.331
Mountain View Cemetery fees and charges.
2.72.010 Annexation of property to city.
The following described real estate, Lots 60, 61, 71 and 72, West Auburn Five Acre Tracts, coun
King, state of Washington, is incorporated into and made a part of the city. (1957 code § 10.02.300.)
2.72.020 Description of property.
A. The legal description of the cemetery property is described as follows:
of
That portion of the south half of Section 14, Township 21 North, Range 4 East, W.M., described as
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follows:
Beginning at the westerly corner of Block 118, Plat of Auburn Cemetery according to plat of record
in Volume 45, pages 45 and 46, Records of Plats of King County, Washington, then north 25
degrees 21 minutes 07 seconds, east 401.5 feet to the westerly corner of Block said plat, then
north 64 degrees 38 minutes 53 seconds, west 642.0 feet, then south 25 degrees 21 minutes 07
seconds, west 436.0 feet, then south 64 degrees 38 minutes 53 seconds, east 4.0 feet, then
south 25 degrees 21 minutes 07 seconds, west 178.32 feet to the marginal line of Mt. View Drive,
then easterly on said marginal line on a curve to the right, radius of 821.25 feet, central angle of
14 degrees 30 minutes, a curve distance of 207.84 feet, then south 86 degrees 43 minutes, east
199.34 feet, then on a curve to the right, radius of 244.54 feet, central angle of 40 degrees 54
minutes, a curve distance of 174.56 feet, then south 45 degrees 49 minutes, east 30.0 feet, then
on a curve to the left, radius of 375.58 feet, central angle of 11 degrees 30 minutes 13 seconds, a
curve distance of 75.41 feet, then north 25 degrees 21 minutes 07 seconds, east 58.32 feet to
point of beginning.
This description comprises parts of Tracts 60, 61, 71 and 72 of West Auburn Five Acre Tracts and
vacated street adjoining, all of Blocks 1 to 48, inclusive, of Fourth Addition plat of Auburn Cemetery and
avenues and lanes therein and portions of unplatted northwest quarter, southeast quarter, Section. 14,
Township 21 North, Range 4 East, W.M.
B. The real estate described in subsection A of this section shall be used solely and exclusively for
cemetery purposes. (1957 code 10.02.310, 10.02.320.)
2.72.025 Definitions.
A. "Burial" means the placement of human remains in a grave,
B. "Cemetery" means any one, or combination of more than one, of the following, in a place used,
and dedicated for cemetery purposes:
1. A burial place for earth interments;
2. A mausoleum for crypt interments;
3. A columbarium, for interment of cremated remains.
C. "Columbarium" means a structure or other space containing niches for permanent inurnment of
cremated remains.
D. "Committal" means that part of a funeral service which commits the remains of the deceased to
their final resting place.
E. "Cremated remains" means a human body after cremation in a crematory.
F. "Crypt" means a space in a mausoleum of sufficient size, used or intended to be used, to entomb
uncremated human remains.
G.
H.
"Funeral" means a memorial service for a deceased person.
"Grave" means a space of ground in a cemetery, used or intended to be used for burial.
"Companion grave" means two single graves side by side or one double depth grave.
"Grave owner" or "owner" means any person in whose name an interment plot stands of record
as owner, in the records of the cemetery authority.
K. "Human remains" or "remains" means the body of a deceased person, and includes the body in
any stage of decomposition except cremated remains.
L. "Interment" means the disposition of human remains by cremation and inurnment, entombment,
or burial in a cemetery.
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M. "Marker and/or memorial" means any grave marker, headstone or monument that is intended to
permanently mark a grave.
N. "Mausoleum" means a structure or building for the entombment of human remains in crypts in a
place used, or intended to be used, for cemetery purposes.
0. "Niche" means a space in a columbarium or urn garden used, or intended to be used, for
inurnment of cremated human remains.
P. "Plot" means a grave, niche or crypt.
Q. "Vault" or "liner" means any container which is buried in the ground and into which human
remains are placed in the burial process. (Ord. 4485 § 2, 1991.)
2.72.030 Name.
The municipal cemeteries of the city are situated on the following described real estate:
Auburn Mountain View Cemetery:
Plats of Mountain View Cemetery Vol. 8-2
1st addition to Mountain View Cemetery Vol. 9-30
2nd addition to Mountain View Cemetery Vol. 20-4
3rd addition to Mountain View Cemetery Vol. 26-41
Auburn Cemetery Revised 4th Addition and lands adjacent Vol. 78-58 and 59.
Northwest quarter of the southeast quarter of Section 14-21-4 LESS portion platted LESS county road
and LESS State Road No. 69 and LESS portion of east 470.26 lying east of Cemetery Road.
Tracts 60, 61 and 72, West Auburn Five Acre Tracts.
Pioneer Cemetery:
Commencing two rods east of the southeast corner of the southwest quarter of the southwest quarter of
section Township 21 North, Range 5 East W.M.; thence east 13 rods; thence north 13 rods; thence
west 13 rods; thence south 13 rods to the place of beginning. A trustee's deed dated June 8, 1962 legally
dedicated this property to the city for use as a cemetery. (Ord. 4485 § 3, 1991; 1957 code § 10.02.330.)
2.72.040 Board of commissioners.
There is created a board of five cemetery commissioners in and for the city, and such cemetery
commissioners shall be appointed by the mayor of the city, and such appointments shall be subject to
confirmation by the city council, and terms of the commissioners to be five years. Commissioners of the
board shall be subject to removal in accordance with the provisions of Chapter 2.30 ACC as it currently
exists or as it may be amended hereafter. The board shall advise the mayor and city council_ on policy
matters relating to long range planning, capital improvements, fee structure, cemetery expansion, rules
and regulations, and budget of all cemeteries belonging to the city. The board shall not have authority to
enter into any contract, incur any indebtedness, or take any personnel action unless specifically
authorized by the mayor and city council. The board shall have the right to designate certain portions of
the city's cemeteries for the burial of infants, single and double depth burials, persons of a particular
religion, certain areas where no monuments shall project above the surface of the ground, the interment
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of cremated remains, and the burial of veterans. The board may also solicit or receive on behalf of the
city council any gifts or bequests of money for cemetery purposes; however, gifts of real or personal
property will not be accepted without prior approval of the city council. A meeting of the board shall be
held at least four times a year. (Ord. 5803 § 10, 2003; Ord. 4485 § 3, 1991; Ord. 3818 § 3, 1982.)
2.72.050 Graves subject to rules and regulations.
All graves in the Auburn cemeteries are conveyed to the purchaser by warranty deed when paid for, but
the rights of the purchaser therein are subject to such rules and regulations as are to be made from time to
time by the city council. (Ord. 4485 § 3, 1991; Ord. 3818 § 4, 1982; 1957 code § 10.02.010.)
2.72.060 Rules and regulations - Purpose - Amendments.
The rules and regulations contained in this chapter are made only for the benefit of the grave owners and
are designed to limit their rights insofar as such limitations are for the benefit of all. If rules and
regulations are not made, the exercise by certain ones, of what would seem to be their proper rights,
would interfere with the rights and enjoyment of others, as well as destroy the general scheme and beauty
of the property. No rule has been adopted except as is necessary to preserve the rights of all for whom the
city considers itself the trustee.
These rules and regulations may be changed or amended at any time by the city council, and will be so
changed and amended when any rule is found to be detrimental to the best interests of the grave owners
as a whole or when new conditions require the adoption of other or further regulations.
Copies may be had upon application to the city clerk. (Ord. 4485 § 3, 1991; 1957 code § 10.02.020.)
2.72.070 Endowed care.
No graves, niches, crypts, will be sold in the Auburn cemetery without endowed care. "Endowed care"
includes the upkeep of driveways and walks and other improvements belonging to the cemetery, mowing
the grass at reasonable intervals, pruning shrubs and trees and such work as shall be necessary. (Ord.
4485 § 3, 1991; 1957 code § 10.02.030.)
2.72.080 Survey and plat.
All lots are surveyed and platted and the plat or plats duly recorded in the auditor's office of King
County, Washington, and in the city clerk's office. (Ord. 4485 § 3, 1991; 1957 code § 10.02.040.)
2.72.090 Grade.
The grade of all lots is established when the ground is surveyed and no change by the grave owner will
be allowed. (Ord. 4485 § 3, 1991; 1957 code § 10.02.050.)
2.72.100 Reservation of grave space.
Persons desiring to reserve a grave space or niche may do so. The cemetery staff will hold a specific
grave or niche for 30 days for pending purchase. There will be no charge for the service. (Ord. 6189 § 1,
2008; Ord. 4485 § 3, 1991; Ord. 3956 § 2, 1984.)
2.72.110 Rights attaching to graves.
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All graves in the Auburn cemetery will be sold with endowed care without additional charge and are
conveyed by deed for burial purpose only. They are exempt from taxation and cannot be sold for debt or
mortgaged. (Ord. 4485 § 3, 1991; 1957 code § 10.02.070.)
2.72.120 Title and rights to cemetery plots.
Title and rights to cemetery plots shall be governed by Chapter 68.32 RCW, as now and hereafter
amended. (Ord. 4485 § 5, 1991.)
2.72.130 Permission to remove remains.
Provisions concerning permission to remove remains shall be governed by state law in Chapter 68.50
RCW as now or hereafter amended. (Ord. 4485 § 5, 1991.)
2.72.150 Funerals, interments and committals.
Funerals, interments and committals within the cemeteries will be under the control of the cemetery staff
or the appropriate authority. All graves shall be opened and closed by employees of the cemetery.
Charges for interments shall be recommended by the board cemetery commissioners and approved by the
city council, exclusive of special services requested by the family or necessary because of special
circumstances. All cemetery charges must be paid prior to interment. All interments shall be in a concrete
receptacle designed and manufactured for this purpose. Liners used shall be sold solely by the city. (Ord.
4485 § 6, 1991; Ord. 3818 § 4, 1983; 1957 code § 10.02.120.)
2.72.170 Notice of interments.
Whenever interments are to be made, previous notice of at least eight regular working hours must be
given in order that the grave may be properly prepared. (Ord. 4485 § 6, 1991; 1957 code § 10.02.140.)
2.72.180 Interments per individual grave.
The interment of two bodies in one grave will not be allowed in areas designated for single depth burials;
only two cremated remains or one casket and one cremated remains per single grave allowed. The
interment of two bodies in one grave allowed only in designated areas. Only cremated remains may be
buried in Pioneer Cemetery. No interment other than that of a human being will be permitted. (Ord. 4485
§ 6, 1991; 1957 code § 10.02.150.)
2.72.190 Death certificate.
No interment will be permitted without the proper death certificate or burial permit as required by the
health authorities. Cremated remains must be accompanied by a copy of the burial or transit permit or
other document acceptable to the cemetery to certify identity of the cremated remains. (Ord. 4485 § 6,
1991; 1957 code § 10.02.160.)
2.72.200 Interment agreement.
When a grave is owned jointly, a permit for interment will be granted to either an owner or the heirs. An
agreement may be made between common owners as to the right of burial, but the city will not undertake
to enforce such agreement. (Ord. 4485 § 6, 1991; 1957 code § 10.02.170.)
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2.72.210 Interment of friends.
A grave, niche or crypt is intended as a family burial place of the purchaser, and therefore, while the
purchaser may permit the interment of one not a member of his family, an heir cannot permit such an
interment except by unanimous consent of all owners, but in no case shall any remuneration or
consideration be accepted therefor.
Grave owners who desire to give the privilege for future interment to relatives or friends without
consideration must file such instructions with the city in writing, duly signed and acknowledged before a
notary. A fee will be charged for recording names on the books of the city for each proposed interment.
(Ord. 4485 § 6, 1991; 1957 code § 10.02.180.)
2.72.220 Location of grave.
When an interment is to be made, the person requesting it must show or designate the exact position of
the grave and give the order in person or in writing.
Interments will not be made in graves which have not been paid for in full. (Ord. 4485 § 6, 1991; Ord.
3818 § 4, 1983; Ord. 3002 § 1, 1976; 1957 code § 10.02.190.)
2.72.230 Transfer of grave after interment.
While there is an interment upon any grave, the city cannot consent to the transfer or conveyance of the
grave in whole or in part by anyone other than the original owner, nor will the city recognize the right of
any party claiming burial in any grave so transferred or conveyed unless the permission of the owner or
the legal representative is entered on the records of the city. (Ord. 4485 § 6, 1991; 1957 code §
10.02.200.)
2.72.250 Care and improvements.
All work in the care and improvement of lots and graves shall be done by employees of the cemetery. No
lot or grave shall be defined by fence, railing, coping, hedge, or by any other marking. No grave shall be
decorated with any trees, shrubs or plants. (Ord. 4485 § 6, 1991; 1957 code § 10.02.220.)
2.72.260 Individual decorations.
A. Cut Flowers and Bouquets. Cut flowers and bouquets are allowed year round. All cut flowers and
bouquets must be placed in cemetery approved vases set level with the ground. Such vases shall
be in a concrete or granite block 10 to 12 inches square. A suitable vase for each grave will be
furnished and set by cemetery staff at a charge fixed by city council. Cut flowers and bouquets
will be removed from graves as soon as they become wilted or unsightly.
B. Artificial Flowers and Decorations. Artificial flowers, potted plants and other decorations must
be less than 24 inches in height and will be removed when they become wilted or unsightly. They -
are allowed only from December 1 st to the end of February, subject to the following exceptions:
1. New burials: all flowers, plants, easels and decorations will be allowed to remain for 48
hours following a new burial. Persons wishing to retain any of the items must remove
them within 48 hours after interment.
2. City observed holidays: from March 1st to November 30th, artificial flowers and
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decorations will be allowed only three days prior to, the day of and the day following
city observed holidays.
3. Christmas decorations: Christmas decorations shall be removed within two weeks after
Christmas Day. (Ord. 4485 § 6, 1991; 1957 code § 10.02.230.)
2.72.270 Trimming and pruning trees and shrubs.
No person except authorized city personnel shall trim or prune or remove any part of the trees or shrubs
in the cemetery. If any tree or shrub situated on any grave by means of its roots, branches or otherwise
becomes detrimental, dangerous or objectionable to the adjacent graves, walks or avenues, the city shall
have the right to enter upon the grave and remove the trees or shrubs, or any trees or parts thereof as it
may see fit. (Ord. 4485 § 6, 1991; Ord. 3818 § 4, 1982; 1957 code § 10.02.240.)
2.72.280 Monuments, headstones, markers.
The cemetery will make available for purchase: monuments, headstones, markers. The staff will
construct foundations and borders on markers when required. Marker setting fees must be paid prior to
the setting. Markers must be set flush with the surface of the ground, except in areas designated for
upright monuments. Where monuments, headstones or markers are placed upon any grave, no removal of
the same will be permitted to be made under the claim that they are not paid for or other pretense,
without the written authority of the cemetery coordinator. Grave owners must keep in good repair all
stone or monumental work upon the graves. The city does not bind itself to maintain, repair or replace
any grave markers or monumental structures erected upon the grave. A maximum of two markers per
grave or companion graves will be allowed. (Ord. 4485 § 6, 1991; Ord. 3818 § 4, 1982; 1957 code §
10.02.250.)
2.72.290 Funerals, burials and committals - Days allowed.
A. Except in cases of emergency, funerals, burials and committals are not allowed on Sunday.
B. The city council, upon recommendation by the cemetery board, may at its discretion make an
additional charge for Saturday or recognized city holiday funerals, burials or committals. (Ord.
4485 § 6, 1991; Ord. 3818 § 4, 1982; 1957 code § 10.02.260.)
2.72.300 Cemetery fees and charges.
All cemetery fees and charges shall be recommended by the board of cemetery commissioners and
approved by the city council, and shall remain in effect until a new schedule is approved by the city
council. (Ord. 5305 § 1, 1999; Ord. 5229 § 1, 1999; Ord. 5036 § 1, 1997; Ord. 4852 § 1, 1996; Ord. 4485
§ 6, 1991; Ord. 3818 § 4, 1982; 1957 code § 10.02.270.)
2.72.305 Welfare burials.
From and after the effective date of the ordinance codified in this chapter, a person who resides in the
city limits of Auburn at the time of death, and who at the time of death is receiving state welfare
assistance, will be eligible for a reduction in fees and charges.
A ground burial for an eligible person, in an area designated by the cemetery board, will be discounted 50
percent for property, opening/closing, and recording fee.
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An inurnment of cremated remains for an eligible person, in an area designated by the cemetery board,
without the possibility of disinterment, will be performed at no cost. (Ord. 4632 § 2, 1993; Ord. 4485 §
1991.)
2.72.310 Miscellaneous regulations - Exceptions.
Picking flowers, breaking or injuring trees or shrubs or in any way injuring any monument or headstone
is prohibited and liable to severe penalty according to state law.
If anything is placed on a grave which is deemed improper, it will be removed. Patrons are requested not
to offer money to the staff. Bills due the city for labor and materials and supplies are a lien on the grave
until paid. The city council shall have the right to make exceptions from the foregoing rules when
deemed advisable. Such exceptions shall not be considered as rescinding or waiving any of these rules.
Any waiver that may be made by the city council shall not be or considered to be a continuing waiver and
shall not bar the city or city council from enforcing the usual rules and regulations at any later time if it
may be desired so to do. (Ord. 4485 § 6, 1991; 1957 code § 10.02.280.)
2.72.330 Marker setting by private parties.
The marker setting fees for setting of markers by private parties shall be as established in the city of
Auburn fee schedule. Any such private party will have to meet the cemetery specifications on the border
size of the marker and cleanup of the area when finished. The private party will also be required to have
the work signed off by the cemetery coordinator to make sure it does meet cemetery standards. (Ord.
5715 § 4, 2002; Ord. 4485 § 6, 1991; Ord. 3872 § 1, 1983.)
2.72.331 Mountain View Cemetery fees and charges.
The fees and charges for services at the Mountain View Cemetery shall be as established in the city of
Auburn fee schedule. (Ord. 5715 § 5, 2002; Ord. 5305 § 1, 1999; Ord. 5229 § 1, 1999.)
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Endnotes
1 (Popup - Footnote)
For statutory provisions authorizing third-class cities to acquire and plat land for cemetery purposes and
to provide for the regulation thereof, see RCW 35.24,300; for provisions on public cemeteries, see Ch.
68.12 RCW; for provisions on city cemeteries in code cities, see RCW 35A.68.010.
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