Cultural and artistic resources, including artwork and performing arts, enhance the quality of life for individuals living in, working in, and visiting the city.

Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

As development and revitalization of the real property within the city continue, the opportunity for creation of cultural and artistic resources is diminished. As development and revitalization continue as a result of market forces, urbanization of the community results. As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

Development of cultural and artistic assets should be financed by those whose development and revitalization diminish the availability of the community's resources for those opportunities and contribute to community urbanization.

Establishment of this art in public places program will promote the general welfare through balancing the community's physical growth with revitalization and its cultural and artistic resources.

For the acquisition, installation, improvement, maintenance and insurance of an artwork;

For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city;

For maintenance and utility charges related to property purchased pursuant to subsections A and C of Section 17.50.130 of this chapter;

For the development of a design concept and the preparation of construction drawings;

For costs associated with administering the art in public places program, in an amount not to exceed 15% of the program allocation;

For the acquisition, design, construction, operation and/or maintenance of art and/or multicultural display space, demonstration, and performance space to be utilized by individuals and nonprofit arts organizations for arts and cultural programming;

For developing multicultural programs for the enjoyment and appreciation of art, heritage and culture within the Moorpark community;

For supporting the development of arts and multicultural programming in Moorpark by eligible nonprofit organizations, subject to city council approval.

All new residential developments of more than four units, and all commercial and industrial development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.

Including, but not limited to, exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than four units and all remodeling of existing commercial and industrial buildings shall be subject to the provisions of this chapter when such remodeling results in additional gross square footage of the building and has a valuation exceeding $250,000.

Any development subject to this chapter pursuant to Section 17.50.050 of this chapter shall be obligated to contribute to the city's art in public places program. The amount of such contribution shall be a percentage of the total building valuation for the development. The percentage required to be contributed shall be set by city council resolution.

At the city's sole discretion, an applicant may satisfy the contribution obligation required by subsection A of this section in one of two ways:

Fifteen percent of the revenue generated from the art fund may be allocated for city administrative costs.

The applicant must record a maintenance covenant on the subject property, in a format approved by the city, which provides for ongoing maintenance of approved artwork prior to the issuance of a certificate of occupancy or prior to the final building permit sign-off.

Removal of approved artwork on private property pursuant to this chapter without city approval is a violation of this chapter.

If the city approves an applicant's payment of an in-lieu art fee to satisfy his or her public art obligation, such payment shall be made prior to the issuance of a building permit. As used in this chapter, "applicant" shall be an applicant for a building permit for a development which is subject to this chapter, pursuant to Section 17.50.050 of this chapter.

If the city approves an applicant's installation of an approved artwork on private property to satisfy his or her public art obligation, the artwork shall be approved, as provided herein, prior to the issuance of a building permit. Such approved artwork must be installed and complete prior to issuance of a certificate of occupancy.

The applicant must record a maintenance covenant of the subject artwork as provided in Section 17.50.070 of this chapter, prior to the issuance of a certificate of occupancy.

If any approved artwork placed on private property pursuant to this chapter is removed without city approval, the certificate of occupancy may be revoked.

Expenses which may be used for calculating the value of the artwork are limited to:

Expenses not allowed to be calculated in the value of the artwork include, but are not limited to:

Application Procedures. An application for placement of artwork on private property shall be submitted to the community development department with a copy to the park, recreation, and community services department and shall include, but not be limited to:

Approval.

All artwork placed on the site of the applicant's project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site.

"Maintenance of artwork," as used in this chapter, shall include, without limitation, preservation of the artwork in good working 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. Prior to the placement of an approved artwork, the 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 herein is hereby declared to be a public nuisance.

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 and maintenance, or secure insurance, and the costs therefor shall become a lien against the real property.