1355-18 Cemetery Ordinance – Amended Ordinance 1300

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OR BK 96663of 8 PG 2567 SECTION 7—Lot Sales: a. Sale of all grave spaces shall be a function of the City Clerk. The City Clerk may refuse to sell any grave space to any person or corporation if such sale would violate the Florida State law prohibiting speculation in cemetery property. b. The deed of ownership for any grave space will not be delivered to any purchaser until the purchase price of the plot grave space has been paid to the City Clerk in full. c. Lots may be purchased in advance need with a down payment of 50% and a maximum of 24 months to pay the balance, as per written purchase agreement that will outline the terms of purchase and the rights of the purchaser and the Cemetery in case of default. d. No grave space shall be sold, transferred or conveyed by any owner without consent to transfer being first hand from the City Clerk. No such transfer or conveyance shall be made unless all assessments and charges against the lot or grave space are paid in full. All transfers must be recorded on the permanent records of the City cemetery. e. Cemetery grave space refunds will be provided in the case of an un-recorded deed only. Forty percent (40%) of the monies that were paid towards the purchase price shall be refunded by the City of Zephyrhills. Any refunds must be recorded by the City Clerk. f. The sale price of all grave spaces shall be set by the City Council of the City of Zephyrhills. SECTION 8—Records of Ownership: The City Clerk shall keep full and complete records of the ownership of all grave spaces in the cemetery, of the burial capacity of each grave space, sold and unsold, of the location of each grave, names of the deceased buried in each grave that has been and shall hereafter be used, and of the date of each burial. SECTION 9—Penalty of Violation: Any violation of the provisions hereto, upon conviction thereof, shall be punishable by a fine not to exceed $500.00. SECTION 10—Presumption of Abandonment. Unused Burial Spaces: NOTE: Section 497.286,F.S. The owners of burial spaces or lots shall be required to keep the City informed of their current mailing address. Notices and or other correspondences mailed to owners of their legal representative or heirs at the last known address on file with the City will constitute actual delivery and notification. There is a presumption that burial rights have been abandoned when an owner of unused burial rights fails to provide the City with a current residence address for a period of fifty (50) consecutive years and the City is unable to communicate by certified letter with said owner of unused burial rights for lack of an address. No such presumption of abandonment will exist for burial rights in common ownership, which are adjoining whether in a grave space plot, mausoleum, columbarium or other place of interment if any such burial rights have been used within such common ownership. SECTION 11 —Effective Date: The provisions of this Ordinance shall become effective upon passage on the second reading and signing by the Mayor. - 6 -