Athens City Code

In order that the city may at all times have a permanent record of the ownership of all city cemetery lots, it is a civil offense for any person, firm or corporation owning a cemetery lot in the city cemeteries (Cedar Grove Cemetery, Sullins Cemetery, or Hammonds Cemetery) to sell, transfer, or convey the same without obtaining the prior written consent of the community development director or his or her designee. All transfers of ownership in plots and all assignments shall be subject to a charge of $10.00, to be paid to the city at the time of transfer or assignment.

(Code 1972, § 12-501; Code 1995, § 20-101)

The price of lots shall be established by the city council in regular session and future changes in the price of lots may be governed as economic conditions may dictate. The current prices are as follows:

(Code 1972, § 12-502; Code 1995, § 20-102; Ord. No. 831, 6-15-1997; Ord. No. 884, 10-16-2001; Ord. No. 971, 8-19-2008)

1. (1) Only one monument shall be erected on any grave lot or any full size lot containing multiple grave sites. The area of the base of the memorial shall not exceed ten percent of the area of the lot. The length of the base of the memorial shall not exceed 60 percent of the width of the lot. The width of the base of the memorial shall not exceed 20 percent of the length of the lot. Foot markers may be permitted, provided they are placed flush with the ground. Exceptions to the above may be made on all markers furnished by the federal government. Foundations will be required for all monuments and markers of every description. All foundations must be of concrete, flush with the ground, and of ample size and depth to properly carry the size and weight of the stone.
2. (2) If and when the city develops or establishes a new addition to the Cedar Grove Cemetery or other cemetery in the city, the same will be known as a memorial type cemetery and, so far as this type of cemetery is concerned, no above-ground monuments or markers of any description will be permitted.

(Code 1972, § 12-503; Code 1995, § 20-103)

No fences or walls shall hereafter be erected upon any cemetery lot and no corner markers or slabs shall rise above the ground.

(Code 1972, § 12-504; Code 1995, § 20-104)

Planting of shrubs, plants, flowers, trees, or other growth will not be permitted except by special permission of the city manager. No person shall disturb the sod, plants, trees, shrubs or flowers that have been planted by the city or authorized persons or interfere in any manner with the general design and beauty of the cemeteries. Flowers, vases, wreaths, flags and other temporary decorations may be placed upon lots or graves contingent on the right of the city to remove them after a reasonable time if they become unsightly or mar the beauty or the appearance of the cemeteries.

(Code 1972, § 12-505; Code 1995, § 20-105)

All graves shall be at least six inches within the boundary lines of the burial lot and shall be at least four feet in depth. Grave sites in all future plots shall be four feet by ten feet.

(Code 1972, § 12-506; Code 1995, § 20-106)

It will be the responsibility of the mortuary or other persons responsible for preparing a grave site to remove all surplus dirt from the grave site or area surrounding the grave site, provided such surplus dirt was created as a result of preparing a grave site.

(Code 1972, § 12-507; Code 1995, § 20-107)

The city will not be responsible for locating a grave site in a plot where interment is desired and directed by the proper owner of the lot or any person having authority to authorize same as far as any mistake occurring for want of proper instruction as to the particular space, size, or location in a plot from any person, firm, or corporation. The city will assist the owners of lots of record insofar as it may be practicable to do so in order to ensure that any undue hardship or other inconveniences to family or friends of the deceased may be eliminated.

(Code 1972, § 12-508; Code 1995, § 20-108)

All lot owners will be furnished a copy of this chapter upon request or at the time of purchase of a lot. It is expressed that the owners of lots of record prior to the adoption of the ordinance from which the provisions in this chapter are derived are subject to the terms and provisions hereof upon its final passage by the city council.

(Code 1972, § 12-509; Code 1995, § 20-109)

The lots are set apart and dedicated as burial places for the remains of human beings only and for no other burials thereon and shall be maintained by the city.

(Code 1972, § 12-510; Code 1995, § 20-110)

Producers and retail dealers of monumental materials shall not be permitted to erect any stone or do any work in a city cemetery until they have submitted satisfactory evidence of their ability to perform the work and have filed and posted a good and sufficient bond in the sum of $2,000.00 with the city manager, which bond shall be conditioned that the principal thereof shall conform and comply with the regulations as established by the city manager.

(Code 1972, § 12-511; Code 1995, § 20-111)

1. (1) The management of all city cemeteries is under the direction of the community development director or his or her designee, who in turn shall be responsible to the city manager for their direct and complete supervision. The community development director or his or her designee is designated as the custodian of all maps and is responsible for the issuing and recording of deeds and causing proper entries to be made in all permanent records maintained by the city. The finance director will be the custodian of all cemetery funds and will disburse any income derived therefrom as approved by the annual budget.
2. (2) The finance director will comply with the general state law in establishing a perpetual care fund and complying with other cemetery requirements.

(Code 1972, § 12-512; Code 1995, § 20-112)

The mayor and city manager are authorized to enter into and execute an irrevocable trust agreement with any trustee qualified to act as fiduciary in the state, as approved by the city council, for the purpose of maintaining the funds of the city cemeteries.

(Code 1972, § 12-513; Code 1995, § 20-113; Ord. No. 917, 4-20-2004)