(A) All art work placed on the site of an applicant’s project shall remain the property of the property owner and his or her successor(s) in interest. The obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the property owner of the site.
(B) Maintenance of art work, as used in this section shall include without limitation, preservation of the art work in good condition to the satisfaction of the city, protection of the art work against physical defacement, mutilation or alteration, and securing and maintaining fire and extended insurance coverage and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved art work, the applicant and the owner of the site shall execute and record a covenant in a form approved by the City Attorney for maintenance of the art work. Failure to maintain the art work as provided herein is hereby declared to be a public nuisance. The city shall pursue additional remedies to obtain compliance with the provisions of this Art in Public Places Program as appropriate.
(C) In addition to all other remedies provided by law, in the event the owner fails to maintain the art work, upon reasonable notice, the city may perform all necessary repairs, maintenance or secure insurance, and the costs thereof, shall become a lien against the real property.
(D) All art work donated to the city shall become the property of the city upon acceptance by the City Council.
(Ord. 1245, passed 9-15-04)