§ 7-22. Rules for interment.

No deceased person shall be interred in the cemetery until the superintendent has found that:

(1)

A burial permit has been obtained from the public health officer as required by law.

(2)

The lot in which burial is to be made has been fully paid for as provided in this article.

(3)

The person arranging for such burial has the right to the use of such lot.

(4)

Such lot is not used beyond its capacity.

(5)

Proper record is made of the name and age of the deceased person and of the exact location of the grave.

(6)

[Reserved.]

(7)

Prior to performing an interment, and prior to the issuance of a burial permit by the city, an escrow deposit, maintenance bond, or an irrevocable standby letter of credit (hereinafter referred to as "surety") which covers the potential damage to the cemetery and lots and related appurtenances, must be provided to the superintendent in the amount of five thousand dollars ($5,000.00). Said bond or letter of credit must be good for thirty (30) days from the date of interment. The city shall accept a surety which is valid for the entire year in lieu of an individual one (1) for each internment. The applicable maintenance period shall commence from the date of internment.

a.

The purpose of the maintenance bonds, irrevocable standby letter of credit, or escrow deposit is as follows:

1.

To protect the property of the cemetery and lot holders.

2.

To insure proper internment procedures are followed.

3.

To insure that no damage to the cemetery, tombstones, grave sites, family plots, or related appurtenances occurs due to the internment.

4.

To provide a guaranty for the warranty and maintenance period for the above items

b.

The maintenance bonds, irrevocable standby letter of credit, and/or escrow deposit shall only be issued in a form approved by the city. The language and term must be approved by the city prior to issuance. The city shall provide forms that it prefers the issuer of the surety to use, however if the surety has its own form, said form shall be approved by the city engineer and attorney prior to the acceptance of the surety. Any irrevocable standby letter of credit or maintenance bond shall be issued by a company or financial institution authorized to transact business in the State of Georgia. Irrevocable standby letters of credit shall be issued in accordance with the current International Chamber of Commerce (ICC) publications governing said letters of credits and must be issued by a bank having a physical branch located in the city, which shall be the place of tender on the draft of said letter of credit. The city reserves the right to reject a surety from a financial institution or insurance company that has proved an unsatisfactory or unresponsive surety in the past. Escrow Deposits shall be good funds deposited in a bank of the city's choosing, pursuant to the escrow instructions issued by the city. The city further reserves the right to demand a specific form of surety in the event that a developer, financial institution, or insurer has provided an unsatisfactory surety in the past or due to the specific requirements or obligations to be contained in the surety.

c.

In each case the surety guarantees compliance with all applicable provisions of the City of Cartersville Code of Ordinances including, but not limited to, the Development Regulations of the City of Cartersville.

d.

If repairs are needed prior to or at the end of the thirty-day maintenance period, the permittee shall be required to make such repairs within ten (10) days or other time period as determined by the superintendent, after written notification by the city. In the opinion of the superintendent if an emergency situation that threatens public safety exists, and the permittee can not complete the repairs in the appropriate time frame, the city may call the surety immediately and complete the project or repairs itself. If the repairs are not completed within said time, and the permittee fails to show a legitimate hardship, as determined by the city, which inhibits the completion of the repairs, the maintenance bond, escrow deposit or irrevocable standby letter of credit shall be called in to pay for the repairs. Should the amount of the maintenance bond or letter of credit be inadequate to pay for the repairs, the permittee shall pay the remaining amount. The following procedures shall apply in this situation:

1.

The city shall notify the permittee in writing of such action.

2.

Upon completion of necessary maintenance repairs, the permittee shall request in writing to the city for inspection of the maintenance repairs. The city shall make said inspection and in turn notify the permittee of the inspection results.

e.

If the work is free from defects, and the improvements are in compliance with city specifications, the city shall provide written approval to the permittee of said compliance and the maintenance bond, escrow deposit, or letter of credit shall be released.

f.

If the surety is ever called to make repairs, the superintendent has the right to deny future internment permits.

(Code 1976, § 6-1008; Ord. No. 51-09, § 1, 12-17-09)