(A) The Village Council finds that the promulgation of policy governing the burial of indigent persons found within the corporation limits of the Village who are not claimed by any person for private interment or cremation at the person’s own expense, or interment or cremation when the body of an indigent person is claimed by an indigent person necessary for the compliance of section 9.15 of the Ohio Revised Code and for the provision of burial of indigents, or the burial of an indigent person claimed by an indigent person, for reasons of public health and sensibilities.
(B) As used in §§171.001 through 171.007 of the Municipal Code:
(1) “Indigent person” and “indigent decedent” means a person who dies without leaving an ascertainable estate sufficient to pay part or all of the person’s burial expenses and whose burial expenses are not payable by the State or County veteran’s administration. The estate of such decedent shall include, but is not limited to, the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of the individual.
(2) “Indigent claimant” means an individual who are poor, needy, destitute, or in poverty. The criteria for determining whether an individual is indigent include the ready availability of real or personal property owned; employment benefits; pensions; annuities; social security; unemployment compensation; inheritances; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations concerning the financial condition of the individual.
(Former § 171.01) (Ord. No. 202101, §1, 07-06-2021)
(A) Unclaimed body of an indigent person. When the body of a dead person is found within the corporation limits of the Village and such person was not an inmate of a correctional, benevolent, or charitable institution of this State; and the body is not claimed by any person for private interment or cremation at the person’s own expense; or delivered for the purpose of medical or surgical study or dissection in accordance with R.C. § 1713.34, the Village shall be liable for the cremation and inurnment expenses, in the amounts set forth herein, if:
(1) The deceased is determined to be an indigent person; and
(2) The deceased was a legal resident of the Village of Rutland at the time of death.
(B) Claimed body of an indigent person. When the body of a dead person is found within the corporation limits of the Village, and such body is claimed by an indigent person simply as that of a loved one, without undertaking to arrange and pay for private interment, the Village shall be liable for the cremation and inurnment expenses, in the amounts set forth herein, if:
(1) The deceased is determined to be an indigent person; and
(2) The deceased was a legal resident of the Village of Rutland at the time of death; and
(3) The claimant is determined to be an indigent person.
(Former § 171.02) (Ord. No. 202101, §1, 07-06-2021)
The Mayor is hereby appointed as the proper officer of the Village, in accordance with R.C. §9.15, to be responsible for the administration of §§171.001, 171.002, 171.003, 171.004, 171.005, 171.006, and 171.007 of the Municipal Code. If the next-of-kin of the deceased are not available or are unknown, the Mayor shall have the authority to sign all documents necessary for cremation.
(Former § 171.03) (Ord. No. 202101, §1, 07-06-2021)
Prior to the authorization of cremation, the Mayor shall make reasonable attempts to determine whether the deceased meets the criteria of indigent person or indigent decedent, as defined in §176.01(B)(1) of the Municipal Code, and, where the deceased person is claimed by an indigent person or indigent decedent, whether the claimant meets the criteria of indigent claimant, as defined in §176.01(B)(2) of the Municipal Code.
(Former § 171.04) (Ord. No. 202101, §1, 07-06-2021)
(A) Prior to the authorization of cremation of an indigent decedent as defined in division §171.001(B)(1) of the Municipal Code, the Mayor shall make reasonable attempts to determine if the deceased decedent was a legal resident of the Village at the time of death.
(B) As used in this section, “legal resident” means the indigent decedent had a physical presence in a particular location, coupled with the present intent to make that place a permanent residence for a period of time.
(C) In cases where the indigent decedent was living in a nursing home or hospital located within the Village, legal residence shall mean an intent to make the nursing home or hospital a permanent residence.
(Former § 176.05) (Ord. No. 202101, §1, 07-06-2021)
(A) Upon completing the procedures set forth in §§171.004 and 171.005 of the Municipal Code, the Mayor shall authorize the funeral director or other party to cremate the indigent decedent.
(B) The Village shall dispose of the remains of an indigent decedent by cremation only. The Village shall make payment not to exceed five hundred dollars for the cremation and inurnment of the remains of the deceased. Said services shall include transportation of the deceased to the funeral home, necessary supplies and procedure, and provide a temporary urn for the storage of the deceased’s cremated remains. The Fiscal Officer is hereby authorized to pay such expenses, upon certification of the Mayor and receipt of an invoice or bill from the funeral director.
(C) If the cremated remains are not claimed, the Village shall cause the remains to be buried, and the Fiscal Officer is hereby authorized to pay such expenses, upon certification of the Mayor and receipt of an invoice or bill for the burial. Pursuant to R.C. § 9.15, the Village shall also provide at the grave of the person’s cremated remains, if such remains are buried, a stone, metal, or concrete marker on which the person’s name and age, if known, and date of death shall be inscribed. The Village shall pay not more than $250.00 for such stone or concrete marker.
(Former § 176.06) (Ord. No. 202101, §1, 07-06-2021)
(A) If the body of an indigent person is claimed by relatives or friends who arrange for the funeral according to their wishes, the Village shall not pay all or any portion of the expenses for the same.
(B) §§171.001 through 171.007 of the Municipal Code shall not be supplemental. The funeral director or funeral home personnel shall not ask for nor accept any funds above the amounts set forth herein. Upon completion of the cremation, the funeral director shall submit an itemized bill to the Mayor containing the following information:
(1) Name and age of the deceased;
(2) Place of burial;
(3) Services performed;
(4) Total costs of services;
(5) Amount received from other sources; and
(6) Amount due from the Village.
(C) The funeral director or funeral home shall reduce the cost to the Village by the amount of funds received from any other source. If additional funds are paid to the funeral director or funeral home after the Village has paid as herein provided, the Village shall be refunded the exact amount of the additional funds paid to the funeral director or funeral home within thirty days of the receipt thereof. The funeral director shall submit a notarized statement to the Mayor indicating his understanding and compliance with the provisions of §§171.001 through 171.007 of the Municipal Code.
(D) In the event that it is found after the cremation of the deceased and payment of the cremation and or burial expenses by the Village, that such indigent decedent and or indigent claimant had means, assets, insurance or other benefits or allowances available for the payment of all or part of such expenses, such proceedings may be taken to recover such costs and expenses as may be authorized by law.
(Former § 176.07) (Ord. No. 202101, §1, 07-06-2021)
Reserved.