8.08.050 Method of payment.
A. All sales shall be made for cash. There shall be two types of sales contracts:
1. At-need sales for graves, services, memorials and materials. Graves are, by default, considered “at-need” since they become an immediate asset to the purchaser’s estate.
2. Prearrangement sales for services and materials.
B. In cases of financial hardship, the cemetery supervisor may recommend waiver of the cash payment requirement only on at-need agreements. Authorization of the waiver to be approved by the park operations manager.
1. A cash down payment of at least 60 percent is required and the unpaid balance is to be paid over a 90-day contract at the established monthly interest rate of one-half of one percent. Any request for exception to this subsection is to be submitted in writing to the director of parks and recreation explaining why the conditions of the contract cannot be fulfilled. The director, in writing, may or may not extend the payment to a date certain in the future.
2. On all contracts, payments on account are deemed delinquent the day after payment is due. Delinquency shall be considered a material breach of the agreement justifying automatic termination, and the city shall have the right to remove any and all remains interred and re-inter the same in such place as the director of parks and recreation may direct.
3. Upon default in payment at any time of the balance due or failure to remit any accrued finance charges, Bayview Cemetery will suspend and may deny further cemetery services until full payment is made.
4. No memorialization shall be allowed on any grave or other burial space without full and complete payment of delinquent amounts.
5. The city is not authorized to accept assignments. The individual responsible for the cemetery services and who signs the contract shall pay all costs and thus be held personally liable for the contract.
C. Unless arrangements are otherwise made with the city in writing, ownership of graves shall revert to the city in the event that the purchase price is not fully paid within 90 days of the date of sale, or if any other term, condition, or limitation of the contract is not met by the owner. The owner shall forfeit any and all claims to moneys paid to the city toward the contract, and the city shall have the right to remove, without notice, all memorialization and any and all remains interred and re-inter the same in such place as the director of parks and recreation shall direct.
D. Interment rights are conditioned upon full payment and compliance with all other contract terms, conditions, and limitations. [Ord. 2006-11-109; Ord. 2001-12-100 § 2; Ord. 9898 § 3, 1989; Ord. 9412, 1985].