(a) Plaque. The public art shall be identified by a plaque that meets the standards in use by the city at the time of installation of the public art
(b) Ownership and maintenance. All on-site public art shall remain the property of the property owner or the property owner’s successor in interest. The property owner shall retain the obligation to provide all necessary maintenance to preserve the public art in good condition. Immediately upon installation and continuously thereafter, the developer and the property owner shall maintain the public art and shall promptly perform all necessary repairs and maintenance to the satisfaction of the City. The obligation to maintain and preserve the public art includes the obligation to take reasonable steps to protect the public art against destruction, damage or modification.
(c) Location and relocation of public art. Except as provided herein, the public art must remain at the development in the location approved by the Public Art Commission. A property owner may petition the Public Art Commission to relocate the public art within the development project.
When and if the development project is sold, the public art must remain at the development and may not be claimed as the property of the seller or removed from the site. If the development is to be demolished, the owner must relocate the public art to another publicly accessible permanent location approved in advance by the Public Art Commission.
(d) Removal and replacement of public art. If the owner desires to deaccession, sell or remove the art from the site, the owner shall give prior notice to the city by providing written notice to the public art program staff no less than 90 days before the intended action. The owner must receive prior approval from the Public Art Commission. The developer will be required to replace the sold or de-accessioned artwork with an alternative work of equivalent or greater value, as determined by the Public Art Commission, in current dollars. In the alternative, the developer may elect to pay fees in lieu of replacing on-site art, at a reasonable rate equivalent to the cost of replacing the art in current dollars, as determined by the Public Art Commission.
(e) Statutory and contractual rights of artists. The owner is solely responsible for complying with all statutory and contractual rights of the artist, including rights under the California Preservation of Works of Art Act, the federal Visual Artists’ Rights Act, and any other applicable law.
(f) Covenant; recordation. The property owner shall record against the property a declaration of covenants, conditions and restrictions, in favor of the city, and in a form approved by the City Attorney. The declaration shall include (i) the owner’s obligation to provide all necessary maintenance of the public art, including preservation and restoration of the public art, in good condition, to the reasonable satisfaction of the city, and to protect the public art against destruction or damage; (ii) the owner’s obligation to ensure that the public art is accessible to the public as required by this chapter; and (iii) any other terms reasonably necessary to implement this chapter.
(g) Inspection; remedies. The city shall have the right to inspect the public art, on reasonable notice, to ensure compliance with this chapter. Failure to maintain the public art as required by this Section is hereby declared to be a public nuisance. The city may remedy the public nuisance and may pursue additional remedies to obtain compliance with this chapter. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, on reasonable notice the city may perform all necessary repairs and maintenance, or may secure insurance or other needed services, and the costs thereof shall become a lien against the real property.
(Ord. 5226 § 10, 2013)