County files complaint with state over local cemetery
IMPERIAL — The Imperial County Board of Supervisors filed a complaint Wednesday with the California Cemetery and Funeral Bureau to address the deteriorating condition of Memory Gardens Cemetery.
The cemetery, located on Highway 86 north of Imperial, is the final resting place for about 900 people, including 50 to 60 veterans.
“I am pleased to see the county is taking action on this issue and formally bringing it to the State’s attention at the Cemetery and Funeral Bureau by requesting an investigation,” District 3 Supervisor Michael Kelley said in a release. “I look forward to a time when the Memory Gardens Cemetery is in a condition that is aesthetically appealing for family members of the deceased and highly regarded.”
County officials claim the owner of the cemetery, Ju Hongwei, is failing to meet standards established by California Code of Regulations, title 16, section 2333, subdivision (b)(4)(5)(8)(9). The county said the cemetery and rights of way are severely neglected, and this is visible to passersby and families who visit.
Trash, debris, sinking graves and mounds of excess dirt from burials are piled at the cemetery. The county said the lack of attention and upkeep and maintenance of the grounds have caused substantial damage, erosion and decay from extreme weather, which is a significant concern to both the county and the community. California Code of Regulations, title 16, section 2333, requires that every endowment care cemetery “shall have cemetery maintenance standards to ensure the property is kept in a condition so as to prevent the cemetery’s offensive deterioration.”
The county says Memory Gardens is violating the following requirements of subdivision (b):
(4) Repair or restore improvements, structures and fences on the property owned by the cemetery.
(5) Keep cemetery roads seasonally accessible, and repair surfacing that presents a hazard.
(8) Repair any grave marker, monument or burial vault that is damaged by the negligence of the cemetery or its employees or contractors.
(9) Supply and empty trash receptacles when filled, and keep public areas of the cemetery grounds and water features clear of trash and debris.
Currently, local community members have volunteered their time, paying out of their own pocket to improve the cemetery.
“Although widely appreciated,” the county said, “this volunteer work is neither sufficient nor enough to carry out the work of daily maintenance on the grounds.”
One important question is whether Memory Gardens is, in fact, an endowment cemetery. In September, Stella Jimenez, district director for Assemblyman Eduardo Garcia’s office, told IV Press if the property is a non-endowment care cemetery, “the owner is not required to keep up with the location, and it could stay in its natural state forever.”
However, due to lack of appropriate records and information from the Cemetery and Funeral Bureau, it is unclear at this time what Memory Gardens’ endowment status is, said Rebecca Terrazas-Baxter, intergovernmental relations director for Imperial County.
“The county cited the code based on the size of the property and its applicability under the Cemetery and Funeral Act, or its predecessor,” she said.
If the Cemetery and Funeral Bureau find the cemetery is not subject to the code violations cited, she added, there are sufficient claims for numerous violations the bureau can investigate instead.
“Memory Gardens is in serious disrepair and has been a major concern for the Board of Supervisors and the public for quite some time,” Terrazas-Baxter said. “Corrective action is required and in order to get these issues addressed, the Board of Supervisors felt that it was necessary to bring it to the attention of the Cemetery and Funeral Bureau with this formal request for an investigation.”
The California Cemetery and Funeral Bureau is an agency of the Department of Consumer Affairs that advocates for consumer protection and licensee compliance of laws governing the death care industry.