Article 1. Power Of Municipality of California Health And Safety Code >> Division 7. >> Part 2. >> Chapter 4. >> Article 1.
The governing body of any city or city and county, having a
population of more than one hundred thousand persons, may order the
disinterment and removal of all human remains interred in all or any
part of any cemetery of more than five acres in extent situated
within its limits, where the right of interment in the cemetery has
been prohibited by law for a period of fifteen years or more,
whenever the governing body, by ordinance, declares that the further
maintenance of all or any part of the cemetery as a burial place for
the human dead threatens or endangers the health, safety, comfort or
welfare of the public and demands the disinterment and removal beyond
the limits of the city, or city and county, of the human remains
interred therein.
The governing body of such city or city and county may in any
ordinance ordering or directing the disinterment and removal of such
remains prescribe reasonable rules and regulations governing the
manner of making disinterments and removals and providing for
reinterment in cemeteries outside the city or city and county limits.
The ordinance shall prescribe a reasonable time of not less than
two years in which the removal of remains may be made by the cemetery
authority, or by the owners or holders of interment spaces, or by
the relatives or friends of those whose remains are interred in the
cemetery, and may also provide that if the remains are not removed
within the period fixed, the city or city and county will itself
proceed to remove the remains and reinter them in another cemetery or
cemeteries outside the city or city and county limits.