PART 4. PUBLIC CEMETERY DISTRICTS [9000. - 9093.]

Part 4 repealed and added by Stats. 2003, Ch. 57, Sec. 5.

§§ 9000–9093 · 81 sections

1. CHAPTER 1. General Provisions §§ 9000–9007 · 8 sections

   • § 9000 This part shall be known and may be cited as the Public Cemetery District Law.
   • § 9001 (a) The Legislature finds and declares all of the following: (1) There is a continuing need to provide for the respectful and cost-effective interment of human…
   • § 9002 The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have…
   • § 9003 (a) This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with…
   • § 9004 This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
   • § 9005 If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special district, school…
   • § 9006 (a) Any action brought to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with…
   • § 9007 (a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district.…
2. CHAPTER 2. Formation §§ 9010–9014 · 5 sections

   • § 9010 A new district may be formed pursuant to this chapter.
   • § 9011 (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In…
   • § 9012 (a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in…
   • § 9013 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that…
   • § 9014 (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
3. CHAPTER 3. Board of Trustees §§ 9020–9031 · 12 sections

   • § 9020 A legislative body of at least three members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the…
   • § 9021 Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the case of a district that…
   • § 9022 (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in the district. (b) All trustees shall exercise…
   • § 9023 (a) The initial board of trustees of a district formed on or after January 1, 2004, shall be determined pursuant to this section. (b) The persons appointed to…
   • § 9024 (a) Except as provided in subdivision (b) of this section, subdivision (c) of Section 9023, and subdivision (d) of Section 9026, the term of office for a…
   • § 9025 (a) A board of trustees may adopt a resolution requesting the board of supervisors of the principal county to increase or decrease the number of members of the…
   • § 9026 (a) The board of supervisors of the principal county may appoint itself to be the board of trustees of a district and the board of supervisors may divest…
   • § 9027 (a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single…
   • § 9028 (a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district not later than the first meeting…
   • § 9029 A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act,…
   • § 9030 (a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the…
   • § 9031 (a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred…
4. CHAPTER 4. Powers §§ 9040–9056 · 17 sections

   • § 9040 (a) A district may own, operate, improve, and maintain cemeteries and provide interment services within its boundaries. (b) A district shall maintain the…
   • § 9041 A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part, including, but…
   • § 9042 (a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of…
   • § 9043 (a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to change the…
   • § 9044 (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall…
   • § 9045 (a) The Myers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b) A board…
   • § 9046 A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
   • § 9047 A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter 2 (commencing with…
   • § 9048 A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their…
   • § 9049 A district may sell interment rights in its cemeteries, columbariums, and mausoleums, subject to the limitations of this part.
   • § 9050 (a) A district may acquire, construct, improve, maintain, or repair a columbarium for the placement of cremated remains. (b) A district shall comply with the…
   • § 9051 (a) A district may acquire, maintain, or repair a mausoleum for crypt entombment that was completed on or before May 1, 1937. A district may construct…
   • § 9052 (a) A district may require that monuments or markers shall be placed at interment plots. (b) A district may adopt minimum requirements for the permanency of…
   • § 9053 A district may sell accessory and replacement objects that are necessary or convenient to interments, including but not limited to burial vaults, liners, and…
   • § 9054 (a) A district may use or lease land acquired for a future cemetery for an enterprise if all of the following conditions apply: (1) The district has filed with…
   • § 9055 (a) A district may convey a cemetery owned by the district to any cemetery authority, pursuant to this section. (b) The board of trustees of a district that…
   • § 9056 (a) A district may dedicate real property or an interest in real property owned by the district to another public agency for use as roads or utility…
5. CHAPTER 5. Interments §§ 9060–9069 · 14 sections

   • § 9060 (a) A district shall limit interment in a cemetery owned by the district to interment in the ground, in columbariums, and in mausoleums, as provided in this…
   • § 9061 (a) A district may inter a person who is not a resident of the district or a person who does not pay property taxes on property located in the district in a…
   • § 9062 Notwithstanding Section 9060, the board of trustees may contract with any county in which the district is located to inter persons for whose interment the…
   • § 9063 Notwithstanding Section 9060, the Oroville Cemetery District may use its cemetery on Feather River Boulevard, north of Oro Dam Boulevard for up to a total of…
   • § 9063.3 Notwithstanding Sections 9060 and 9061, the Happy Homestead Cemetery District located in the City of South Lake Tahoe in the County of El Dorado may inter…
   • § 9063.5 Notwithstanding Section 9060, the Elsinore Valley Cemetery District may use the portion of its cemetery formerly known as Home of Peace for up to a total of…
   • § 9063.7 Notwithstanding Section 9060, the Davis Cemetery District may use its cemetery at 820 Pole Line Road, Davis, for up to a total of 500 interments, for interment…
   • § 9063.9 Notwithstanding Sections 9060 and 9061, the Cottonwood Cemetery District in Shasta County, the Anderson Cemetery District in Shasta County, the Halcumb…
   • § 9064 (a) The board of trustees shall cause to be prepared and maintained accurate and current records of: (1) The cemeteries owned by the district, showing the…
   • § 9065 (a) The board of trustees shall create an endowment care fund. (b) The board of trustees shall require a payment into the endowment care fund for each…
   • § 9066 The board of trustees shall cause the principal of the endowment care fund to be invested and reinvested in any of the following: (a) Securities and…
   • § 9067 The board of trustees may cause the funds deposited in the endowment income fund pursuant to subdivision (f) of Section 9065 that are not required for the…
   • § 9068 (a) The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the district and for other necessary and convenient services.…
   • § 9069 (a) A district may seek the abandonment of an interment plot in a cemetery owned by the district pursuant to this section. (b) The board of trustees shall file…
6. CHAPTER 5.5. Interment Rights §§ 9069.10–9069.40 · 7 sections

   • § 9069.10 An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the…
   • § 9069.15 (a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery…
   • § 9069.20 (a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any…
   • § 9069.25 (a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary…
   • § 9069.30 When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant…
   • § 9069.35 A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the…
   • § 9069.40 Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this…
7. CHAPTER 6. Finances §§ 9070–9079 · 10 sections

   • § 9070 (a) On or before August 30 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and budgeting procedures for…
   • § 9071 (a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve, it…
   • § 9072 (a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary…
   • § 9073 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
   • § 9074 (a) A district may accept any grants, goods, money, property, revenue, or services from any federal, state, regional, or local agency or from any person for…
   • § 9075 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
   • § 9076 (a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b) As an alternative…
   • § 9077 (a) Notwithstanding Section 9076, a district that has total annual revenues greater than five hundred thousand dollars ($500,000) may withdraw its funds from…
   • § 9078 A district may, by resolution, establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title…
   • § 9079 (a) The board of trustees shall provide for regular audits of the district’s accounts and records and the district’s endowment care fund pursuant to Section…
8. CHAPTER 7. Alternative Revenues §§ 9080–9083 · 4 sections

   • § 9080 Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the costs of providing…
   • § 9081 A district may levy special taxes pursuant to either of the following: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of…
   • § 9082 (a) Whenever a board of trustees determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real…
   • § 9083 (a) In addition to the other fees authorized by this part, a board of trustees may charge a fee to cover the cost of any other service that a district provides…
9. CHAPTER 8. Zones §§ 9090–9093 · 4 sections

   • § 9090 (a) Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of services, or to…
   • § 9091 (a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this chapter. The board of trustees shall…
   • § 9092 (a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 9090 and 9091. (b) Except as provided in…
   • § 9093 (a) As determined by the board of trustees and pursuant to the requirements of this part, a zone may provide any service at any level or levels within its…