Chapter 2.135 CEMETERIES

The term “cemetery” as used in this article shall mean and refer to the Santa Clara Cemetery and any other cemetery that the City may now or in the future acquire, own and operate and to any private cemetery within the city. (Ord. 1155 § 1, 1-31-67. Formerly § 6-1).

2.135.020 Charges and fees for City cemetery to be set by City Council.

Prices and rates for cemetery lots, graves, crypts, niches and other services in the City cemetery shall be charged and collected for according to such schedules as the City Council may adopt by resolution. (Ord. 497; Ord. 604. Formerly § 6-2).

2.135.030 Boundaries of private cemetery – Generally.

It shall be unlawful for any person to bury, inter or entomb, or cause to be buried, interred or entombed, the body or remains of any deceased person within the city except within the following described boundaries:

A parcel of land, 20 feet in width and 40 feet in length, lying between a line parallel with and distant 110 feet northwesterly of the northwesterly line of Franklin Street and a line parallel with and distant 130 feet northwesterly of the northwesterly line of Franklin Street, and between a line parallel with and distant 327 feet southwesterly of the southwesterly line of Lincoln Street and a line parallel with and distant 367 feet southwesterly of the southwesterly line of Lincoln Street, as said streets are shown upon that certain Map of Town of Santa Clara, recorded in Book B of Maps at page 103, Santa Clara County Records;

Together with all that certain 52.611 acre parcel of land as shown and delineated upon that Record of Survey filed for record in Book 233 of Maps at page 33, Santa Clara County Records; together with all that certain 0.802 acre parcel of land as shown and delineated upon that Record of Survey filed for record in Book 75 of Maps at page 16, Santa Clara County Records; together with all of those certain Lots 17, 18, 19 and 20, as shown and delineated upon that map of the Geo. Roth Subdivision, recorded in Book L of Maps at page 95, Santa Clara County Records;

Excepting therefrom all of that 0.028 acre parcel beginning at a point in a southerly line of that certain parcel of land described in a deed to the Jesuit Community at Santa Clara University, Inc., a California Corporation, recorded March 29, 1971 in Book 9271 of Official Records at page 228, Santa Clara County Records, distant 37.50 feet, easterly, measured at right angles from the centerline of Winchester Boulevard, formerly Santa Clara-Los Gatos Road;

Thence, parallel with said centerline, North 0° 38′ 14′′ East, 452.19 feet;

Thence, along a tangent curve to the left with a radius of 382.50 feet through a central angle of 6° 33′ 23′′ for an arc length of 43.77 feet to the easterly line of Winchester Boulevard as shown on said Record of Survey recorded in Book 233 at page 33;

Thence, along said easterly line, South 0° 38′ 14′′ West, 495.89 feet to the southwesterly corner of said parcel;

Thence, along said southerly line, South 89° 54′ 49′′ East, 2.50 feet to the point of beginning;

And all of that 0.048 acre parcel commencing at the intersection of said southerly line of the Jesuit Community with said easterly line of Winchester Boulevard;

Thence, along said easterly line, North 0° 38′ 14′′ East, 534.97 feet;

Thence, North 23° 55′ 57′′ West, 39.10 feet to the true point of beginning;

Thence, continuing along last said line, North 23° 55′ 57′′ West, 820.60 feet to the southeasterly line of Bellomy Street as shown on last said Record of Survey;

Thence, along said southeasterly line, North 65° 45′ 54′′ East, 22.70 feet to a point of cusp;

Thence, leaving said southeasterly line southerly along a tangent curve to the left with a radius of 20.00 feet through a central angle of 89° 41′ 51′′ for an arc length of 31.31 feet to a point distant 37.50 feet, easterly, measured at right angles from said centerline of Winchester Boulevard;

Thence, parallel with said centerline, South 23° 55′ 57′′ East, 757.08 feet;

Thence, along a tangent curve to the right with a radius of 382.50 feet through a central angle of 6° 33′ 06′′ for an arc length of 43.74 feet to the true point of beginning.

Excepting therefrom those portions of said 52.611 acre parcel, said 0.802 acre parcel and said Lots 17, 18, 19 and 20, lying easterly of a line parallel with and distant 57.00 feet southwesterly of the centerline of Monroe Street as said centerline of Monroe Street is shown and delineated upon that certain “Official Plan Line Map of Monroe Street between El Camino Real and Newhall Street,” filed for record in Book 2 of Official Plan Line Maps at pages 116 and 117, said Santa Clara County Records.

(Ord. 267; Ord. 732; Ord. 1220 § 1, 9-16-69; Ord. 1268 § 1, 10-3-72; Ord. 1318 § 1, 7-29-75. Formerly § 6-3).

2.135.040 Boundaries – Land excepted.

The provisions of SCCC 2.135.030 shall not be deemed to prohibit the burial, interment or entombment of any deceased person in any City cemetery, meaning a cemetery owned by the City. (Ord. 267; Ord. 732; Ord. 1268 § 2, 10-3-72. Formerly § 6-4).

2.135.050 Burials within part of City cemetery prohibited.

It shall be unlawful for any person, association, or corporation from and after the fourth day of August, 1964, to bury or inter, or cause to be buried or interred, the whole or any portion of a dead body of any person in that portion of the City cemetery in the City of Santa Clara located in the City and County of Santa Clara, State of California, more particularly described as all and every part of every burial lot and/or family plot all or any part of which lies within the plan lines between Dome Avenue and Newhall Street as shown on the Official Plan Line Map North Winchester Boulevard and University Street which was recorded in Book 3 of Official Plan Line Maps at pages 32, 33, and 34 thereof in the Office of the County Recorder of the County of Santa Clara, State of California, and all that real property within said plan lines between Dome Avenue and Newhall Street whether said real property is divided into burial lots or not. (Ord. 1100. Formerly § 6-4.1).

2.135.060 Standards of maintenance – Regulations by City Council.

All cemeteries within the city shall be maintained in conformity with the highest modern usages and shall be subject to such regulations as may be subscribed by the City Council. (Ord. 267. Formerly § 6-5).

2.135.070 Compliance with State law.

All interments, disinterments and removals of bodies or remains of deceased persons within the cemetery shall be made in strict compliance with the laws of the State regulating the same. (Ord. 267. Formerly § 6-6).

2.135.080 Maintenance of abutting sidewalks.

All sidewalks on the public streets around the boundaries of all cemeteries in the city shall be curbed and graveled or paved and shall be maintained in conformity with reasonable regulations of the City Council and shall be kept up to the standard of other sidewalks in the vicinity of such cemeteries. (Ord. 267. Formerly § 6-7).

2.135.090 Fences or enclosures – Maintenance generally.

All cemeteries within the city shall be enclosed by modern suitable and ornate fences or enclosures. The plans and specifications of such fences or enclosures, shall first be submitted to the City Council.

All cemeteries within the city shall be maintained so as to present a pleasing view and appearance to the general public from public highways. (Ord. 267. Formerly § 6-8).

2.135.100 Reserved.

2.135.110 Foundations and excavations, etc., in City cemetery to be done by superintendent – Fees.

Foundations for all monuments and headstones in the City cemetery shall be built by the superintendent of the cemetery at the expense of the lot owner.

All excavations for graves, foundations and underground vaults and all concrete work of any kind underground in the City cemetery shall be done by the superintendent of the cemetery at the expense of the lot owner.

The superintendent’s charges for doing any of the work described in this section shall not be in excess of the reasonable market price. (Ord. 258. Formerly § 6-10).

2.135.120 Work in City cemetery to be done by cemetery employees only – Exception.

No workmen other than employees of the City cemetery will be admitted to the City cemetery for the purpose of doing work therein except for the purpose of setting stone work. This section shall not apply to work done by the owner of the lot personally. (Ord. 258. Formerly § 6-11).

2.135.130 Applicability of chapter to all cemeteries dedicated to public use.

All lands which may have been or may hereafter be set apart and dedicated to the public use as cemeteries or burying grounds of the City shall be regulated and managed according to the provisions of this chapter. (Ord. 9. Formerly § 6-12).

Article II. Removal of All Remains

2.135.210 Definitions.

The following words and phrases, when used in this article, shall for the purpose of this article have the meanings as set out herein. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13).

2.135.220 Human remains or remains.

“Human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and cremated remains. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.1).

2.135.230 Cremated remains.

“Cremated remains” means human remains after incineration in a crematory. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.2).

2.135.240 Cemetery.

“Cemetery” means any one, or a combination of more than one, of the following, in a place used, or intended to be used, and dedicated, for cemetery purposes:

(a) A burial park, for earth interments.

(b) A mausoleum, for crypt or vault interments.

2.135.250 Burial park.

“Burial park” means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.4).

2.135.260 Mausoleum.

“Mausoleum” means a structure or building for the interment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated, for cemetery purposes. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.5).

2.135.270 Crematory.

“Crematory” means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.6).

2.135.280 Columbarium.

“Columbarium” means a structure, room, or other space in a building or structure containing niches for inurnment of cremated human remains in a place used, or intended to be used, and dedicated, for cemetery purposes. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.7).

2.135.290 Crematory and columbarium.

“Crematory and columbarium” means a building or structure containing both a crematory and columbarium. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.8).

2.135.300 Interment.

“Interment” means the disposition of human remains by cremation, inurnment, entombment, or burial. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.9).

2.135.310 Grave.

“Grave” means a space of ground in a burial park, used, or intended to be used, for burial. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.10).

2.135.320 Lot, plot, and interment plot.

“Lot,” “plot,” and “interment plot” mean space in a cemetery used or intended to be used, for the interment of human remains. Such terms include and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining niches. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.11).

2.135.330 Plot owner, owner, or lot proprietor.

“Plot owner,” “owner,” or “lot proprietor” means any person in whose name an interment plot stands of record as owner in the office of the cemetery authority. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.12).

2.135.340 Cemetery authority.

“Cemetery authority” includes cemetery association, corporation sole, or other person owning or controlling cemetery lands or property. (Ord. 1155 § 2, 1-31-67. Formerly § 6-13.13).

2.135.350 Order of disinterment and removal of human remains.

The City as of the year 2001 has a population exceeding one hundred thousand (100,000). Consequently, the provisions of Health and Safety Code Section 7700 et seq. will apply. (Ord. 1155 § 2, 1-31-67. Formerly § 6-14).

Article III. City-Owned Cemeteries

2.135.410 Application of rule.

The herein adopted rules and regulations are applicable to removal of all remains in cemeteries owned and controlled by the City. Said rules may be modified from time to time by resolution. (Ord. 1155 § 2, 1-31-67. Formerly § 6-15).

2.135.420 Declaration of abandonment – Adoption.

The resolution referred to in SCCC 2.135.350 must declare the abandonment in whole or in part of the cemetery as a burial place for the human dead and for the removal of human remains interred therein to another cemetery or cemeteries within the boundaries of the City as in this article provided. (Ord. 1155 § 2, 1-31-67. Formerly § 6-16).

2.135.430 Declaration of abandonment – Requisites – Provisions for removal of remains.

Any resolution or declaration for abandonment and removal adopted and made under the provisions of this chapter shall specify and declare that at any time after the expiration of sixty (60) days after the first publication of the notice of declaration of abandonment and removal the human remains then remaining in the cemetery or part thereof will be removed by the City. (Ord. 1155 § 2, 1-31-67. Formerly § 6-17).

2.135.440 Declaration of abandonment – Publication – Title – Contents.

Notice of the declaration of abandonment and the proposed removal of all human remains from any abandoned cemetery, or part thereof, shall be given to all persons interested therein, by publication in a newspaper of general circulation published within the city. Publication shall be made once a week for four consecutive times. The notice shall be entitled “Notice of the Declaration of Abandonment of Lands for Cemetery Purposes and of Intention to Remove the Human Bodies Interred Therein” and shall specify a date not less than sixty (60) days after the first publication of the notice when the City owning or controlling the cemetery lands and causing the notice to be published will proceed to remove the human remains then remaining in said cemetery, or part thereof. (Ord. 1155 § 2, 1-31-67. Formerly § 6-18).

2.135.450 Declaration of abandonment – Posting and mailing copies.

Copies of the notice so published shall within ten days after the first publication thereof be posted in at least three conspicuous places in the cemetery from which the removal of the human remains interred therein are to be made, and a further copy of the notice shall be mailed by registered letter to every person who owns or holds or has the right of burial in any lot or plot in the cemetery, or part thereof, affected by the resolution or declaration of abandonment and removal, whose name appears as owner or controller on the records of the cemetery. The notice so mailed shall be addressed to the last known post office address of the respective lot owner or plot holder as the same appears from the records of the cemetery, and if no address appears or is known, then it shall be addressed to such persons at the County seat of the County of Santa Clara. Notice shall be mailed to any known living heir at law of any person whose remains are interred in the cemetery when the address of the heir is known. (Ord. 1155 § 2, 1-31-67. Formerly § 6-19).

2.135.460 Removal and reinterment of remains – When authority accrues.

After the completion of the publication, posting and mailing of the “Notice of Declaration of Abandonment of Land for Cemetery Purposes and of Intention to Remove the Human Bodies Interred Therein,” and after the expiration of sixty (60) days as specified in the notice, the City owning or controlling the cemetery shall have power to cause the removal of all human remains interred in the cemetery, or part thereof, to be abandoned as a cemetery or a burial place of the dead, and to cause the reinterment in cemeteries in the city where burials are permitted, without further notice to any persons claiming any interest in the cemetery, or part thereof, or in the remains therein interred. (Ord. 1155 § 2, 1-31-67. Formerly § 6-20).

2.135.470 Notice to City by friend or relative – Contents – Delivery.

At any time before the date fixed for the removal of remains by the City owning or controlling such cemetery land, any relative or friend of any person whose remains are interred in the cemetery, or part thereof, from which it is proposed to make removal, may give the City proposing to make removal written notice that he/she desires to be present when the remains of a friend or relative are disinterred or reinterred. The notice shall state the name of the person whose remains are referred to and, as accurately as possible, shall describe the lot or plot where the remains are buried and the date of the burial, and shall specify an address to which the notice provided for in SCCC 2.135.480 may be made. Notice may be delivered at the cemetery office or the City Hall, 1500 Warburton Avenue, Santa Clara, California, or may be forwarded thereto by registered mail. (Ord. 1155 § 2, 1-31-67. Formerly § 6-21).

2.135.480 Notice of time and place of disinterment and reinterment.

Upon receipt of such notice before the date fixed for the removal of the remains by the City proposing to make removals, it shall be the duty of the City to give written notice to the persons giving the notice provided for in SCCC 2.135.470, of the time when the remains shall be disinterred and of the time when and the place where the same shall be reinterred. The notice shall be given by delivery thereof at the address stated in the notice referred to in SCCC 2.135.470, or by mailing the same to the person giving such notice, at the address stated, delivery or mailing to be made not less than ten days prior to the date specified for the disinterment of such remains. Whenever written notice shall be given by a relative or friend of any persons interred in the cemetery lands from which removals are proposed to be made, the City owning or controlling such cemetery lands and proposing to remove the bodies interred therein shall not disinter the bodies until notice of such disinterment is given such relative or friend. (Ord. 1155 § 2, 1-31-67. Formerly § 6-22).

2.135.490 Voluntary removal of remains – Affidavit – Delivery and contents.

At any time prior to the removal, by the City owning or controlling the abandoned cemetery lands, of the remains of any persons buried in the abandoned cemetery, any relative or friend of the person may voluntarily remove the remains and deposit the same as he may desire; provided, however, that the persons desiring to cause removal prior to such removal shall deliver to the City owning or controlling the abandoned cemetery, an affidavit, duly sworn to before an officer qualified to administer oaths, stating the name of the person whose remains it is desired to remove and further stating, so far as known to affiant, the date of burial of the remains and the names and places of residence of the heirs at law of the deceased person. (Ord. 1155 § 2, 1-31-67. Formerly § 6-23).

2.135.500 Voluntary removal of remains – Consent of heirs.

In the event that the person desiring to cause such removal is not an heir at law of the person whose remains he desires to remove, removal shall not be made by him until he shall have delivered to the City owning or controlling the abandoned cemetery a written consent of a majority of the known heirs at law of the deceased person who are residents of the State of California. The statements in the affidavit shall be sufficient evidence of the numbers, names and residences of the heirs at law for all the purposes of this chapter and the written consent of the majority of heirs at law named in the affidavit shall be sufficient warrant and authority for the City owning or controlling the abandoned cemetery to permit the removal of the remains by such persons. (Ord. 1155 § 2, 1-31-67. Formerly § 6-24).

2.135.510 Removal by owner of burial lot.

The purchaser or owner of any burial lot or plot in the abandoned cemetery, or part thereof, or of the right of burial therein or any one of the joint purchasers of any lot or plot of burial land therein may cause the removal of any person or of the remains interred in such lot or plot without the necessity of signing any affidavit of consent as specified in SCCC 2.135.490. (Ord. 1155 § 2, 1-31-67. Formerly § 6-25).

2.135.520 Ownership of lot passing by succession – Removal of remains by heirs – Affidavit as evidence.

If the right, title or interest of any grantee of any burial lot or plot of the abandoned cemetery, or the right of burial therein, shall have passed by succession to the heir or heirs at law of the grantee without formal distribution by order of court, the heir or heirs at law may remove the remains of persons interred in such lot or plot, and the affidavit of any heir at law setting out the fact of heirship shall be accepted by the City owning or controlling the abandoned cemetery land from which removals are to be made as sufficient evidence for all the purposes of this chapter of the fact of the transfer of title or right of burial to such heir or heirs at law. (Ord. 1155 § 2, 1-31-67. Formerly § 6-26).

2.135.530 Place of reinterment.

Whenever the remains of any person shall have been removed from any abandoned cemetery, or the part thereof abandoned as a burial place under the provisions of this chapter, by the City having charge or control of the abandoned cemetery lands, the remains shall be transported and reinterred in any other cemetery lands within the boundaries of the city. (Ord. 1155 § 2, 1-31-67. Formerly § 6-27).

2.135.540 Manner of reinterment.

The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under the rules and regulations now in force or that may be adopted by resolution of the City making the removal. (Ord. 1155 § 2, 1-31-67. Formerly § 6-28).

2.135.550 Vaults and other improvements – Removal by relative or friend.

Whenever the remains of any person shall be removed from any abandoned cemetery by any relative or friend of such person, under the provisions of this chapter, the persons causing such removal shall also be entitled to remove any vault, monument, headstone, coping or other improvement appurtenant to the grave from which the remains have been removed, and the affidavit or written consent given under the provisions of SCCC 2.135.490 shall be sufficient warrant and authority for the City owning or controlling the abandoned cemetery to permit the removal of any vault, monument, headstone, coping or other improvement appurtenant to the grave. (Ord. 1155 § 2, 1-31-67. Formerly § 6-29).

2.135.560 Vaults and other improvements – Removal or disposition by City – Effect.

Whenever the remains of any person buried in any lot or plot shall have been removed, and any vault, monument, headstone, coping or other improvement appurtenant thereto shall remain on the lot or plot for more than sixty (60) days after removal of the last human remains therefrom, the vault, monument, headstone, coping or other improvement may be removed and disposed of by the City owning or controlling the abandoned cemetery land, and thereafter no persons claiming any interest in the lot or plot or the vault, monument, headstone, coping or other improvement appurtenant thereto, shall have the right to maintain in any court any action in relation to such vault, monument, headstone, coping or other improvement so removed or disposed of. (Ord. 1155 § 2, 1-31-67. Formerly § 6-30).

2.135.570 Sale of area abandoned – Court order unnecessary.

Whenever a cemetery or part thereof has been abandoned as a cemetery or place of burial for the human dead, as provided in this chapter, by the City owning or controlling the same, the parts or portions thereof in which no interments have been made and the parts and portions thereof from which all human remains have been removed, may be sold by the City owning or controlling the abandoned cemetery lands. No order of any court shall be required in order to make any sale of lands abandoned for cemetery purposes and from which the human remains have been removed. (Ord. 1155 § 2, 1-31-67. Formerly § 6-31).

2.135.580 Use of proceeds of sale of abandoned cemeteries.

Any moneys received by the City from the sale of the lands of the abandoned cemetery may be used for any purpose as the City may lawfully declare. (Ord. 1155 § 2, 1-31-67. Formerly § 6-32).

2.135.590 Conveyance of lots where remains are reinterred.

Whenever the City shall remove human bodies or the remains thereof from any abandoned cemetery lands, the City shall reinter any human remains removed in the established cemetery of City; and thereafter the lots or plots in which the human remains removed have been reinterred shall be conveyed to the person or persons, if known, who own the lot or plot in the abandoned cemetery from which the human remains were removed, and the conveyance shall be in full of all right, title and interest of any person or persons owning any lot or plot in the abandoned cemetery from which the human remains have been removed. (Ord. 1155 § 2, 1-31-67. Formerly § 6-33).

2.135.600 Conveyances to owners of plots in abandoned cemeteries – Effect.

In the event any person or persons owning any lot or plot within the abandoned cemetery in which no human remains have been interred, the City Council of the City shall convey to such person or persons owning any lot or plot in the abandoned cemetery a lot or plot of equal dimensions in the cemetery owned and conducted by the City, and such conveyance shall be in full of all right, title and interest in and to the lot or plot owned by such person or persons in the abandoned cemetery, and thereafter no person or persons claiming any interest in any such lot or plot shall have the right to maintain in any court an action in relation to such lot or plot owned by such person or persons in the abandoned cemetery. (Ord. 1155 § 2, 1-31-67. Formerly § 6-34).

2.135.610 Erection of markers on reinterment – Record of reinterment – Preparation, filing and inspection.

After the removal and reinterment of the human bodies disinterred from any abandoned cemetery, or part thereof, the City owning or controlling the abandoned cemetery lands and making removals shall cause to be erected upon or imbedded in any lot or plot wherein any such body is reinterred, a suitable permanent marker identifying the remains and shall prepare a complete record of the name of each person, where known, whose body was reinterred and the lot or plot in the cemetery where the body was reinterred, and such record shall be kept on file in the office of the City making the removals and reinterments and shall, at all reasonable times, be open to the inspection of the relatives or friends of those so reinterred. (Ord. 1155 § 2, 1-31-67. Formerly § 6-35).

2.135.620 Declaration of removal of remains – Filing and acknowledgment – Effect.

After the removal of all human remains interred in any part or the whole of any cemetery lands abandoned as a burial place for the human dead as provided in this chapter, the City owning or controlling the abandoned cemetery lands may file for record in the Office of the County Recorder of the County of Santa Clara, a written declaration reciting that all human remains have been removed from the part or portion of the land described in the declaration. The declaration shall be acknowledged in the manner of the acknowledgment of deeds to real property by the Mayor and the City Clerk or other corresponding officers, of the City owning or controlling the abandoned cemetery lands, and thereafter, any deed or other conveyance of any part of such lands shall be conclusive evidence in favor of any grantee therein named, his/her successors or assigns, of the fact of the complete removal of all human bodies therefrom. (Ord. 1155 § 2, 1-31-67. Formerly § 6-36).