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Ord.2164 Page 8 B. Whether or not a landlord complies with subsection A of this section 9.26.060, the provisions required by that subsection shall be implied and incorporated by law into every rental agreement to which subsection A of this section 9.26.060 applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection A of this section 9.26.060. C. This chapter shall not create liability in a landlord to any person for a tenant's breach of any smoking provision in a rental agreement for the occupancy of a unit in a multifamily rental apartment if the landlord has fully complied with subsection A of this section 9.26.060. D. A tenant who breaches the smoking regulations of a rental agreement or knowingly allows another person to do so shall be liable to the landlord and any occupant of the multifamily rental apartment who is exposed to second hand smoke as a result of that breach. E. Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. Section 9.26.070. Penalties and Enforcement. A. Any person who violates any provision of this chapter may be cited under Chapter 1.24 of this code. B. This section is not intended to preclude or otherwise limit any other remedy available to the City by law or in equity, including remedies under Chapter 1.16 or Chapter 1.28 of this Code. C. Prior to city staff undertaking any enforcement action against a tenant of a unit subject to this chapter, the landlord shall demonstrate to city staff that the landlord has complied with the lease terms in section 9.26.060, and the landlord shall provide documentation of landlord's actions to achieve a tenant's compliance with this chapter. City staff may reasonably require the landlord to first take enforcement action as allowed by the rental agreement for violating the provisions of this chapter before city staff proceed with any enforcement action. Section 9.26.080. Private Enforcement. Any person may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this chapter against any person who has violated this chapter. Upon proof of a violation, a court shall grant appropriate relief including awarding actual damages (including damages for emotional distress), injunctive relief, court costs and reasonable attorney's fees. Section 9.26.090. Interpretation.