(A) An application for donation of a public artwork to the city, or for installation of a public artwork to fulfill the requirements of this chapter or utilizing revenue from the Art in Public Places Fund shall be reviewed initially by the Committee which shall make a recommendation thereon to the City Council. The Committee shall act as an advisory body only. The City Council shall be the final decision maker on all such applications. The City Council may approve, conditionally approve or reject a proposed public artwork in its absolute discretion based on its aesthetic judgement or other factors deemed relevant by the City Council. Notwithstanding the foregoing, applications for public artwork that fulfill the requirements of this chapter and utilize no more than $5,000 from the Art in Public Places Fund, may be approved by the Committee, with a right of appeal to the City Council.
(B) An application shall be filed with the Director and shall be made on a city-provided form and shall contain such information to enable a reasonable evaluation as requested by the Director, including a City Attorney-approved written statement executed by the artwork's creator waiving such person's rights under the Visual Artists Rights Act of 1990 (17 U.S.C. 101 et seq.), Cal. Civil Code § 1542 and equivalent laws.
(C) An approved public artwork shall be delivered to the city or installed on private property prior to issuance of an occupancy permit for the development project.
(D) Prior to installing a public artwork on private property to satisfy the public artwork requirement, the property owner shall execute and record with the County Recorder a City Attorney-approved covenant. Such covenant shall require the property owner and successors thereof to do the following:
(1) Keep the public artwork and the surrounding property appropriately maintained and available for public access pursuant to § 15.44.090.
(2) Allow city representatives to enter the property upon reasonable notice to perform necessary repairs to the public artwork or replacement at the property owner's expense when the public artwork is not appropriately maintained or replaced.
(3) If the property owner fails to repair, maintain, or replace public artwork upon direction by the city, and does not permit the city’s entry pursuant to division (D)(2), above, the property owners’ failure to maintain or replace public artwork may be treated as a public nuisance and abated according to the procedures set forth in this code.
(4) Indemnify, defend and hold harmless the city, its officers, employees and agents from any claim, demand, damage, liability, loss, cost or expense attributable to the public artwork.
(5) Such other terms as deemed necessary in individual cases by either the City Attorney or the Director.
(Ord. 2004-03 § 2 (part), 2004; Ord. 2004-20 § 5, 2004; Ord. 2008-08 § 5, 2008; Ord. 2023-04 § 3, 2023)