CHAPTER 10.
CEMENTERIO EL ENCINAL

§ 10-1.    Office of Cemetery Coordinator established.

§ 10-2.    Appointment of additional officers.

§ 10-3.    Maintenance and operation.

§ 10-4.    Rules and regulations.

§ 10-5.    Reserved areas.

§ 10-6.    Lot buy back.

Sec. 10-1. Office of Cemetery Coordinator established.

The office of Coordinator of Cementerio El Encinal is hereby established.

Sec. 10-2. Appointment of additional officers.

The City Manager may, in his discretion, subject to budgetary approval of the City Council, appoint a Cemetery Coordinator, assistant coordinator, and such other officers as are necessary to operate the cemetery. The City Manager may require appointed officers to be bonded. The cost of such bonds shall be paid from cemetery operating funds.

Sec. 10-3. Maintenance and operation.

The maintenance and operation of Cementerio El Encinal shall be vested in the Cemetery Coordinator. All City officers and employees assigned to duty or work at such cemetery shall be subordinate to, and shall carry out the lawful instructions of, the Cemetery Coordinator in connection with their work and duties at such cemetery.

Sec. 10-4. Rules and regulations.

The following shall be the rules and regulations for the government of Cementerio El Encinal:

(a)    Applications for lots or graves shall be made at the cemetery office or at such other office as designated by the Cemetery Coordinator.

(b)    The fee for all lots and graves shall be paid prior to the delivery of a deed for such lot or grave. All burial expenses shall be paid prior to the burial service unless, in the discretion of the Cemetery Coordinator, the burial expense may be billed.

(c)    Burials may be permitted on Sundays or City holidays for an additional charge.

(d)    Planting, cutting or trimming of trees, shrubbery or other growing plants shall not be permitted without an order from the Cemetery Coordinator or his authorized representative.

(e)    No dogs will be allowed in the cemetery except properly leashed or harnessed guide dogs for the blind or visually impaired, signal dogs for the deaf or hearing impaired, or service dogs for individuals with any other disability.

(f)    No construction or demolition of any structure shall be permitted without a permit from the Cemetery Coordinator or his authorized representative.

(g)    No markers, monuments or tablets will be permitted unless they are of marble, granite or bronze with not less than 80 square inches of surface and a maximum of 560 square inches of surface on a single lot. Only two markers are allowed per single lot and only one marker allowed per half lot. All concrete borders will be installed under the direction of cemetery staff.

(h)    All markers, monuments and tablets placed in the cemetery shall be placed flush with the ground. No vertical markers are allowed.

(i)    Materials for granite, marble, or concrete work will be allowed to remain around the work under construction not longer than 10 days, and all refuse must be removed from such site when the work is completed. The Cemetery Coordinator may refuse to grant a permit for subsequent construction to any person or entity violating this regulation.

(j)    No walls, copings or fences of any description shall be permitted around any lots or graves; provided, however, that no existing wall, coping or fence shall be removed unless such wall, coping or fence is in such a state of disrepair that it is unsightly or dangerous, at which time the Cemetery Coordinator may order its removal. Written notice will be sent to the indenture holder or next of kin at least two weeks before removal.

(k)    Additional cemetery rules and policies may be adopted by resolution of the City Council in order to ensure that basic cemetery management practices and procedures are carried out.

Sec. 10-5. Reserved areas.

Blocks 1 through 35 inclusive and Blocks 40 through 54 inclusive shall be reserved for the exclusive use of members of Monterey Masonic Lodge No. 217. Such reservation is made in consideration of grants of land made by such organizations for inclusion in Cementerio El Encinal. The burial and other fees for these lots shall also be in conformity with agreements made with such organizations at the time this land was granted to the City.

Sec. 10-6. Lot buy back.

The City shall have first right of refusal to buy back any lot within Cementerio El Encinal. Lot owners shall provide sufficient proof of legal ownership in order to sell a lot back to the City or, in the event City declines to purchase the lot, to any third party purchaser. (Ord. 3424 § 5, 2009)