Chapter 12.12   CEMETERY [2]

12.12.010   Cemetery established.

There is established the Black Diamond cemetery, the site thereof to be the present site of the cemetery, at one time operated and maintained by the Black Diamond cemetery association, with full power of acquisition of additional land for burial purposes when the same is deemed necessary. It is the purpose of the cemetery to honor those interred.

(Ord. No. 999, § 1, 3-7-2013)

12.12.020   Intent.

It is the intent of the ordinances codified in this chapter to comply with the provisions of Chapter 68.52 RCW regarding the creation, administration, and maintenance of a municipal cemetery and the provisions of Chapter 68.32 regarding the right and title to cemetery lots and rights of interment.

(Ord. No. 999, § 1, 3-7-2013)

12.12.030   Maintenance and improvement.

It is the purpose and policy of the city council to maintain the cemetery as a public burial ground with care thereof, and the grave lots therein, and to keep the same as a burial tract with grass, shrubs and trees as shall be provided by the city council in the budget.

(Ord. No. 999, § 1, 3-7-2013)

12.12.040   Advisory board—Membership.

There is created a cemetery advisory board consisting of five members, all of whom shall be appointed by the mayor, and who shall hold office at his/her pleasure, with the provision that two members shall serve for an initial term of one year, one member for an initial term of two years, one member for an initial term of three years and one member for an initial term of four years, and that thereafter each term shall be for four years, and that the members may be appointed by the mayor from the members of the city council, the qualified voters of the city or residents of adjacent territory who have a historical linkage to the cemetery.

(Ord. No. 999, § 1, 3-7-2013)

12.12.050   Board—Duties.


It shall be the duty of the cemetery advisory board:


To organize and plan for open public meetings as necessary, to develop a public notification process for such meetings in consultation with the city clerk, and to provide a report on such meetings at the next regular meeting of the city council parks and cemetery committee or its successor.


To study, consider and recommend changes to the mayor and city council on cemetery policies, beautification, maintenance and/or upkeep.


To advocate for and encourage continuing volunteer efforts to maintain and repair cemetery grounds and works, including but not limited to landscaping, headstone maintenance and historical documentation, all within any general guidelines set forth by the city.


Nothing in this section gives the cemetery advisory board the power to direct staff, expend funds of the city or to obligate a particular course of action on behalf of the city. The cemetery advisory board shall have no authority or responsibility for the care or operation of Black Diamond Cemetery, the management or investment of sums received from the sale of lots, or for keeping books of account of such sums received.

(Ord. No. 999, § 1, 3-7-2013)

12.12.060   Ownership, descent, and transfer.


Right to Use of Cemetery Lot and Right of Interment. The right and title to cemetery lots and rights of interment shall be governed by Chapter 68.32 RCW, as now or may hereafter be amended, including but not limited to; the presumption of ownership as separate property; the vested right of placement of spouses and registered domestic partners; descent of title to spouses, registered domestic partners, and heirs; the right of survivorship of joint tenants; and, waiver of the right of placement.


Use of the Unoccupied Portions of Lot. If the owner of the lot(s) or right of interment is deceased, the city is authorized to permit the use of the unoccupied portions of the lot or right of interment by the person entitled to the use of it, only upon submission of an affidavit in conformance with RCW 68.32.050, as now or may hereafter be amended.


Transfer of Lot or Right of Interment. Any person(s) owning a lot(s) or right(s) of interment in the cemetery will not be permitted to transfer the lot(s) or right(s) of interment except upon the prior written consent of the city, by and through the mayor or his/her designee. The city shall not withhold its consent to transfer an individual lot or right of interment unless the city agrees to purchase the owner's right, title and interest to the lot or right of interment for an amount equal to the current rate set forth in the city code for a comparable lot or right of internment, less a ten percent administrative fee. In the event that the city grants its consent to the transfer, such transfer shall not be effective unless and until the owner pays the transfer fee and submits a completed and notarized notice and approval of transfer upon forms approved by the city. Approved transfer forms are available from the city clerk's office during regular business hours. The amount of the transfer fee shall be set by resolution or ordinance of the city council. The provisions of this subsection shall not alter the vested rights granted pursuant to Chapter 68.32 RCW.


Deposit of Funds. Funds received from the sale of lots will be paid to the city clerk-treasurer, who shall keep a record thereof, and who will deposit such funds to the cemetery improvement fund.

(Ord. No. 999, § 1, 3-7-2013)

12.12.070   Abandoned lots.


As provided in the laws of the state, the ownership of or right in or to unoccupied space in the cemetery shall, upon abandonment, be subject to forfeiture and sale by the city.


The continued failure by an owner to maintain or care for an unoccupied cemetery lot, unoccupied part of a lot, unoccupied lots or parts of lots for a period of five years creates and establishes a presumption that the same has been abandoned. The city council has the necessary power and authority to take the necessary action for forfeiture and sale of any such lots according to and as provided by law.

(Ord. No. 999, § 1, 3-7-2013)

12.12.080   Violation—Penalty—Incorporation by reference.

The city hereby incorporates by this reference as though fully set forth herein, RCW 68.56.010 (Unlawful damage to graves, markers, shrubs, etc. — interfering with funeral), as now or may be hereafter amended.

(Ord. No. 999, § 1, 3-7-2013)


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Editor's note— Ord. No. 999, § 1, adopted March 7, 2013, repealed the former Chapter 12.12, §§ 12.12.010—12.12.100, and enacted a new Chapter 12.12 as set out herein. The former Chapter 12.12 pertained to similar subject matter and derived from Ord. No. 208, 1978 and Ord. No. 210, 1978. (Back)