7-5-4: BURIAL RIGHTS:
A. Sale of Burial Rights: The city is authorized to sell burial rights only to individuals. Upon a sale of a burial right, the city shall issue a certificate of burial right, which certificate shall grant to the individual named therein the nontransferable right to be buried in the burial lot identified therein. The certificate of burial grants only a license to be buried and is not a conveyance of any title, fee, or other ownership or possessory interest in burial lot. An individual may purchase more than one (1) burial right so long as each issued certificate of burial right identifies the individual who is entitled to be buried in the burial lot identified therein. One (1) individual may be named in no more than two (2) certificates. Any certificate of burial right that does not name the individual who may be buried in the burial lot identified therein is invalid. The cost of a burial right shall be established by the city council as part of the city’s duly enacted fee schedule. If the individual named in the certificate is not a resident of the city, the cost of the burial right shall be the nonresident fee.
B. Limitation On Transferability Of Burial Rights: Burial rights may not be transferred in any manner, except the individual named in a certificate of burial right may (1) subdivide a burial right as provided in subsection C of this section and (2) conditionally surrender the burial right covered in the certificate of burial right as provided in subsection D of this section.
C. Subdivision Of Burial Rights: A burial right includes the nontransferable right to allow the burial of additional human remains in a burial lot in the following combinations:
1. One (1) casket buried at normal depth, with up to two (2) containers of cremated remains buried above the casket – one (1) buried under the headstone for the casket and one (1) buried with a separate headstone halfway between the headstone for the casket and the end of the casket.
2. Up to four (4) containers of cremated remains, with one (1) buried in each quadrant.
While alive, the individual named in the certificate of burial right must consent in writing to the burial of any other remains in the burial lot identified therein. Once the individual named in the certificate of burial right has passed away, the burial of any other remains in the burial lot identified therein may be allowed by (1) the surviving spouse of the individual named in the certificate of burial right or (2) if no spouse survives, a descendant of the individual named in the certificate of burial right. Before the city will allow a descendant to consent to the burial of any other remains in the burial lot, the descendant must either obtain the written consent of all of the surviving descendants of the individual named in the certificate of burial right, by representation, or must notify in writing all descendants, by representation, of an intent to allow other remains in the burial lot, which writing must explicitly state that the city must receive any objection in writing within thirty (30) days. If the city does not receive any objection within thirty (30) days from the date the last notice was mailed, the descendant may consent to the burial of other remains in the burial lot. If the city receives an objection within thirty (30) days from the date the last notice was mailed, the descendant may not consent to the burial of other remains in the burial lot. Before notifying descendants of an intent to consent to the burial of other remains in the burial lot, the descendant must notify the city of such intent, identify for the city the name and last known address of all known surviving descendants of the individual named in the certificate of burial right, and deliver a copy of the notices to the city, with proof of mailing. The legally recognized guardian of any minor or incapacitated descendant may act on behalf of the minor or incapacitated descendant.
D. Voluntary Surrender Of Burial Rights: At any time prior to sixty (60) years from the date of issuance of a certificate of burial right, the individual named in a certificate of burial right, or the legally recognized guardian of the individual named in a certificate of burial right, may surrender the burial right to the city by delivering to the city a signed and notarized document indicating an intent to surrender. Upon surrender, the city shall refund the original purchase price of the burial right to the surrendering individual. The surrendering individual may elect to condition the surrender of the burial right on the sale of the burial right to an individual identified by the surrendering individual by identifying the successor individual in the notarized surrender document. The identified individual shall have thirty (30) days from the date of surrender to pay the then current fee for a burial right. If the surrendering individual fails to identify a successor in the surrender document, or the individual identified to purchase the burial right fails to pay the fee within thirty (30) days from the date of surrender, the surrender shall be deemed unconditional and the city may immediately thereafter sell the burial right as the city deems fit in the city’s sole discretion.
E. Abandonment Through Nonuse – Reclamation: If a burial right, including any subdivided burial right, remains unexercised for more than sixty (60) years from the date of issuance, the burial right shall be deemed abandoned and the city may reclaim the associated burial lot in any manner authorized by the laws of the state of Utah. The city may sell a burial right for any reclaimed burial lot. (Ord. 2000-02-002, 2-3-2000; amd. Ord. 2021-08-001, 8-5-2021)