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06/27/2016 E. Appeals. The action of the City Manager (or designee) may be appealed to the City Council as provided in Chapter 1, Article III of this Code. Sec. 45.120 Installation and maintenance requirements. A. Timing of Installation. Issuance of a certificate of occupancy for a development project providing publicly visible art pursuant to Section 45.090 will be conditioned on completion and full installation of the publicly visible art at the development site in accordance with the public art permit approved by the City, and confirmation by the City that the developer expended the publicly visible art contribution in full on the publicly visible art and in accordance with this Chapter. However, if art installation is impracticable prior to the anticipated date of building occupancy, the City may allow building occupancy provided that the public art permit has been issued and the applicant has filed with the city adequate security to guarantee installation of the art. The security may take the form of a cash deposit along with an agreement to install the required publicly visible art in such amount and form as is acceptable to the City within a date certain or, if the publicly visible art is not installed by such date, the cash deposit shall be immediately transferred into the Art in Public Places Fund. B. Permanence. The publicly visible art shall be a permanent, fixed asset to the property. The composition of the art shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and weather resistant. C. Maintenance. The developer and subsequently the property owner shall continuously maintain the publicly visible art in good condition after its installation for the life of the project, and shall perform necessary repairs and maintenance to the satisfaction of the City. Maintenance of the art includes related landscaping, lighting and the identification plaque. The repair and maintenance obligations of the property owner shall be contained in a covenant and recorded against the property and shall run with the property. D. Plaque Reauired. Each piece of publicly visible art shall provide an appropriate identification plaque or monument measuring at least eight inches by eight inches. The plaque shall be made of cast metal and be placed near the art piece. Information is limited to the date, title and artist. The requirement of this Section 45.120(D) may be waived by the City if determined in a particular circumstance to be unnecessary or inconsistent with the intent of this chapter. E. Removal. Removal of required publicly visible art is prohibited without the City's approval. The City may require replacement of the art as a condition of approval for its removal. Any removal, relocation, or replacement of the publicly visible art must be consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law. Developer or owner shall execute a restrictive covenant in a form acceptable to the City Attorney enforceable by the City, Page 12 of 13 ATTY/ORD.429/PUBLIC ART FUND AND PROVISION OF PUBLIC ART BY PRIVATE DEVELOPERS ORD.NO.2424 REV:06-17-1615 MUFF N0.301