(a) Notwithstanding any other law, based upon a finding by a court of competent jurisdiction that a cemetery manager of a private cemetery has ceased to perform their duties, as described in subdivision (a) of Section 7611.4, due to a lapse, suspension, surrender, abandonment, or revocation of their license, the court may appoint a temporary manager to manage the cemetery property and to service the prepaid interments of the private cemetery. The court shall appoint a licensed cemetery manager as the temporary manager.

(b) The appointed temporary manager shall have the same powers over the care and maintenance of the private cemetery as a licensed cemetery manager, as described in subdivision (a) of Section 7611.4. The temporary manager shall serve for a limited term not to exceed six months, or until a new licensed manager has been hired, at which time the court shall terminate the appointment of the temporary manager.

Terms Used In California Business and Professions Code 7653.9

  • County: includes city and county. See California Business and Professions Code 17
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15

(c) The court may authorize the payment of reasonable compensation for the temporary manager’s services, which shall be paid by the trustees from available income from the cemetery. In exercising its discretion pursuant to this subdivision, the court shall give due consideration to the ability of the cemetery income to otherwise pay for care and maintenance of the cemetery.

(d) (1) Notwithstanding any other law, if a court has not appointed a temporary manager within six months of the suspension, revocation, or surrender of the license of a cemetery manager of a private cemetery or the appointment of a temporary manager has expired, the county in which the cemetery is located may assume responsibility for the maintenance of the cemetery and may preserve public access to the cemetery until the court can appoint a temporary manager.

(2) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall be reimbursed from the available income in the endowment care fund for maintenance services rendered until a temporary care manager is appointed by the court or a new permanent cemetery manager is found.

(3) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall perform, at a minimum, all of the following maintenance services on the cemetery property:

(A) Keep cemetery grounds open for public access.

(B) Trim or mow grass and prune shrubs and trees on cemetery grounds.

(C) Keep public areas of the cemetery grounds and water features clear of trash and debris.

(D) Provide a supply of water to keep cemetery grass and plants as green as possible with consideration of water availability.

(Amended by Stats. 2021, Ch. 442, Sec. 3. (AB 651) Effective January 1, 2022.)

  Previous section
Next section  
 Article 3.5 Contents