Orangeville City Ordinance Changes
On April 10, Orangeville City held a public hearing to announce all ordinance amendments that have been made. The ordinances affected by these changes were the cemetery ordinance, the ATV ordinance, the water and sewer ordinance and the fee ordinance.
Council person Carol Ware reviewed the following amendments to the cemetery ordinance. Under section 9-4-2.2 it reviews the monuments permitted and the conditions. All monuments, headstones or grave markers must be made of granite or similar material and placed according to the following regulations: (note only those with changes are listed, for a complete listing contact Orangeville City offices) In the case of individual burials, only a single stone grave marker as herein provided may be used, with the exception of military or special recognition markers which must be placed in front of original headstone. No headstone or monument shall exceed 42 inches in height, and no wider than the width of the grave, 48 inches, including cement mowing border (monument width no more than 40 inches. Headstones for two individuals whose graves are side-by-side, may be up to the width of two graves (96 inches) including the cement mowing border. Monument width no more than 88 inches. Special circumstances may deem a variance from those measurements, and can only be granted by unanimous vote by the city council. All headstones and markers are to be aligned or be contiguous so as not to interfere with mowing operations or the aesthetic value of the cemetery as a whole. All headstones and markers are to face east or west with a north-south alignment.
In section 9-4-3.3 it discusses the restrictions on resale. No person who now holds a fee simple title or lot certificate to any grave or lot within the cemetery shall sell such grave or lot to any buyer. The city currently does not have a policy of buying back grave sites or lots. Gifts of graves or lots may be made by: deeding the grave or lot back to the city; or transferring the burial rights to another party as provided in section 9-4-3.7.
In section 9-4-3.5, Unused Lots or Abandonment of Lots, the following changes were made. The city may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than 60 years, file with the city recorder any claim to the lot, site or portion of the cemetery for burial. The city council shall cause a copy of the resolution to be personally served on the owner. The resolution shall notify the owner that the owner shall, within 60 days after service of the resolution on the owner, express interest in maintaining the cemetery lot, site or portion of the cemetery and submit satisfactory evidence of an intention to use the lot, site or portion of the cemetery for a burial.
If the owner cannot be personally served with the resolution of the city council as required in subsection two the city council shall publish its resolution for three successive weeks in a newspaper of general circulation within the county and mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.
If for 30 days after the last date of service or publication of the city council's resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot, site or portion of the cemetery for burial purposes, the owner's rights are terminated and that portion of the cemetery shall revert to the city, and the same may be sold in accordance with the terms of this chapter.
Section 9-4-3.6 covers rights of lot holders which has reverted to the city. The owner, grantee, or person claiming through the grantee shall have the right, on presentation of the certificate of title or right to burial in the Orangeville Cemetery, for any lot or parcel which has reverted to the city, at the option of the city to: be compensated for the lot or parcel at the reasonable value of the lot or parcel as of the date the certificate is presented to the city; receiver a right to burial to another lot or parcel if the right to burial or title to the lot or parcel has been
sold by the city; or receive the right to burial to the lot or parcel if the city has not sold the lot or parcel. The city has the right to collect any unpaid perpetual care charges from a person claiming title or the right to burial.
The city will hire a caretaker(s) to maintain and care for the grounds, vegetation and areas within the cemetery. It will be the city's intent to keep the cemetery beautified, neat and clean to present an atmosphere of peace and tranquility for loved ones, family members and friends of those deceased. (Section 9-4-4.3).
Randall Stilson then went over changes to the ATV Ordinance. The amendments were that an ATV shall be operated on the outer portion of the travel lane at a speed not greater than 10 miles per hour. The driver of an ATV who is sixteen years or older must hold a legal drivers license. No driver under the age of 16 may drive an ATV on streets within city limits. Any ATV operator or rider under the age of 18 shall wear an approved helmet. The council omitted the line stating that ATVs are not to be driven on any street within city limits that border school grounds while school is in session.
The Water and Sewer Ordinance had the following changes, as stated by Jeffery Tuttle. An applicant for service hookup must receive the approval of the Castle Valley Special Service District. Land owners for rental units will be responsible for payment of all city charges for water, sewer, secondary water and garbage fees incurred on any rental unit owned, and shall pay said charges in accordance with the rules and regulations of the city. Because of several delinquency problems with residents the following change to billing procedures has been made. If a customer fails to pay a utility bill and any delinquency fees which have been assessed by the due date (approximately the 25th of each month) the city shall include a past due notice on the next monthly billing that the account is in arrears. The customer will be given 15 days to pay the past due amount. If the past due amount is not paid after 15 days from the notice, a final notice will be issued stating that services will be terminated five business days from the final notice. If the customer fails to pay the utility bill or contact the city office to make arrangements for payment, the services will be disconnected. In order to resume services, the account must be paid in full, plus a reconnect fee, before 3 p.m. on a business day. An after-hours additional charge may be imposed by the city council.
In time of scarcity of water, whenever in the judgement of the city council, the mayor and city council shall, by resolution, limit the use of water to such extent as may be necessary for public good. It shall be unlawful for any person by himself, family, servants, or agents to violate any proclamation or resolution made by the mayor and city council in pursuance of this chapter. Any person desiring to secure culinary water service shall apply in writing to the city on a form furnished by the city. Said application shall state fully the purpose for which the water service is required, and shall contain an agreement clause whereby the applicant agrees to abide by all rules and regulations governing the use of the systems and to pay promptly for the services received as indicated on his billing notice. Each request shall be considered on a case-by-case basis and must have written approval of: Orangeville City Council; Castle Valley Special Service District; and Cottonwood Creek Irrigation Company. All connection fees required must be paid along with the transfer to the city the required shares of Cottonwood Creek Irrigation Class A Stock.
A list of the changes in the fees and charges ordinance can be obtained by contacting Orangeville City offices.