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State Law Governing Cemetery Districts
(Sections 9000-9093, Health and Safety Code)
A board of trustees appointed by the County Board of Supervisors act as the governing body for cemetery districts. A typical board consists of three or five trustees, although if two districts are consolidated or reorganized into a single district the number of directors shall be an odd number and not less than five. The County Board of Supervisors may replace a board of trustees and act as the primary governing body of a district by its resolution and after public hearings are held (9020-2031).
To form a cemetery district a petition must be signed by no less than 25 percent of the registered voters within the proposed district (9011). A Notice of Intention must be filled with the LAFCO Executive Officer prior to circulation of the petition beginning (Government Code 56700.4). New districts can also be formed through the adoption of a resolution of application by the legislative body of the county in which the proposed district is to be included (9013).
Once formation proceedings have been initiated a noticed public hearing must be held. The LAFCO Commission may approve, modify, or deny the proposed district formation after receiving public testimony. If approved, a secondary authority hearing is held once terms and conditions for the district have been adopted and a sphere of influence has been established. At the authority hearing proceedings may be terminated if protested by 50% or more of the districts registered voters. Without such a majority, the Commission orders the formation of the district upon receiving voter approval.
Outlying incorporated and unincorporated areas may be annexed to the district once it has been formed (9007). Annexation proceedings must comply with Section 56000, et seq. of the Government Code.
1) With respect to the proposed boundaries of a cemetery district, the following territory may be included upon formation (9007): Incorporated and/or unincorporated territory
2) Contiguous or non-contiguous; and
3) Territory within another public cemetery district or another type of special district that provides cemetery services shall be included in a public cemetery district (9014).
Trustees are granted powers to own, operate, improve and maintain cemeteries as well as provide interment services within its boundaries (9040-9056).