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7.D. - Page 19 <br /> C. Maintenance. The developer and subsequently the property owner shall <br /> continuously maintain the publicly visible art in good condition after its installation for the <br /> life of the project, and shall perform necessary repairs and maintenance to the satisfaction <br /> of the City. Maintenance of the art includes related landscaping, lighting and the <br /> identification plaque. The repair and maintenance obligations of the property owner shall <br /> be contained in a covenant and recorded against the property and shall run with the <br /> property. <br /> D. Plaque Required. Each piece of publicly visible art shall provide an appropriate <br /> identification plaque or monument measuring at least eight inches by eight inches. The <br /> plaque shall be made of cast metal and be placed near the art piece. Information is limited <br /> to the date, title and artist. The requirement of this section may be waived by the City if <br /> determined in a particular circumstance to be unnecessary or inconsistent with the intent <br /> of this chapter. <br /> E. Removal. Removal of required publicly visible art is prohibited without the City's <br /> approval. The City may require replacement of the art as a condition of approval for its <br /> removal. Any removal, relocation, or replacement of the publicly visible art must be <br /> consistent with the California Preservation of Works of Art Act and the Federal Visual <br /> Artists' Rights Act and any other relevant law. Developer or owner shall execute a <br /> restrictive covenant in a form acceptable to the City Attorney enforceable by the City, <br /> which shall be recorded against the project site and shall run with the land for a period of <br /> time equal to the life of the project. <br /> Sec. 45.140 Violations. <br /> In addition to assessing fines, penalties or administrative citations provided by State or <br /> municipal law for violation of this Chapter, the City may revoke or suspend any permit <br /> granted to any developer and/or owner who violates the provisions of this Chapter. The <br /> violation of the construction and maintenance obligations of this Chapter is hereby <br /> declared to be a public nuisance which may be abated as provided by law. <br /> Sec. 45.150 Regulations. <br /> The City Council and/or City Manager may adopt administrative regulations or procedures <br /> to administer this Chapter, including procedures for selecting sites, artists and art works <br /> to implement this Chapter." <br /> SECTION 3. Severability. If any sections, subsections, sentences, clauses, <br /> phrases or portions of this ordinance are for any reason held invalid or unconstitutional, <br /> such decision shall not affect the validity of the remaining portions of this ordinance. The <br /> City Council hereby declares that it would have passed this and each section, subsection, <br /> phrase or clause of this ordinance whether or not any one or more sections, subsections, <br /> phrases or clauses may be declared invalid or unconstitutional on their face or as applied. <br /> Page 13 of 14 <br /> ATTY/ORD.429/ADDING ARTICLE 12 TO CHAPTER 9 OF THE REDWOOD CITY MUNICIPAL CODE ENTITLED"PUBLIC ART FOR <br /> PRIVATE DEVELOPMENTS" <br /> REV:06-07-16 JS <br />