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City of San Mateo Municipal Code.

23.60.090 OWNERSHIP OF ARTWORK.

(a) All artwork placed on the site of an applicant's project shall remain the property of the owner of the site; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. If the artwork is not maintained in good condition, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard.

(b) Maintenance of artwork, as used in this chapter, shall include without limitation, preservation of the artwork 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 coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to maintain the artwork as provided in this chapter is declared to be a public nuisance.

(c) In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs therefore shall become a lien against the real property.