A. All artwork placed on the site of an applicant's project shall become the property of the property owner and his or her successor(s) in interest. Artwork cannot be sold or transferred other than to a subsequent successor in interest. The obligation to provide maintenance and security, as necessary to preserve the artwork in good condition, shall remain with the owner of the site.
B. Maintenance of artwork, as used in this section, shall include without limitation: preservation of the artwork and, where applicable, of the lighting and surrounding landscaping, in good condition to the satisfaction of the City; protection of the artwork against physical defacement, mutilation or alteration; and, securing and maintaining fire and extended insurance and vandalism coverage in an amount to be determined on a case-by-case basis by the City.
C. Prior to placement of an approved artwork, the applicant and the owner of the site shall execute and record a covenant reflecting all the owners' obligations under this Subchapter, in a form approved by the City.
D. The covenant shall include a financial plan for the maintenance of the artwork, a schedule of future condition checks, preventative maintenance and restoration of the artwork necessary to conserve the artwork at an appropriate level, and should be created with input from the artist, the applicant, the Cultural Affairs Commission, and an Art Consultant, if one was hired for the project.
E. Applicants are required to set-aside funds for future conservation and, where possible, in interest bearing accounts. Preventative maintenance costs may represent from five percent (5%) to fifteen percent (15%) annually of the total APPP allocation but shall be based on conservation reports prepared by a professional art conservator working with the artist and the artist's fabricator. Funds for maintenance are not part of the APPP allocation.
F. The City reserves the right to inspect the artwork at any time to ensure it is being maintained as required by any covenant entered into pursuant to the provisions of Subsection 15.06.150.C.
G. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance. The City may pursue remedies to obtain compliance with the provisions of the APPP for maintenance of artwork, including subjecting the property owner to administrative citation and/or misdemeanor prosecution; placing conditions for maintenance of an artwork on the owner's future development project approvals; performing all necessary repairs, maintenance or securing insurance and placing a lien against the involved property for the costs associated with such.
H. The artwork is to remain freely accessible, as previously defined, and may not otherwise be draped or obscured.
I. The siting of the artwork, including the surrounding landscaping or adjacent area, shall not be altered without approval from the City. The City reserves the right to implement measures necessary to preserve the design and placement of an artwork as approved by the Cultural Affairs Commission.
J. Unless an artwork poses imminent danger to life or property, no person or entity shall remove any artwork from the location for which it was selected, and anyone needing to do so shall obtain City approval prior to doing so.
K. The applicant, its successors, and its assigns, may not destroy, permanently remove, relocate, change, alter, modify, or allow to be defaced, any artwork or portion thereof without the express consent of the City. This requirement will be included in the covenant to be recorded against the property.
L. If any approved artwork placed on private property pursuant to this Subchapter is removed without City approval, the artwork must be replaced with artwork of the same value as that of the removed artwork and be approved by the CAC or the property owner must pay the value of the removed artwork into the Cultural Trust Fund. If these requirements are not met within one-hundred eighty (180) days, then the Certificate of Occupancy is revoked or a lien is placed against the involved property.
(Ord. No. 2013-003 § 1 (part))