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Ord.2164 Page 8 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. A. This chapter is restrictive only. This chapter establishes no new rights for a person who engages in smoking. Notwithstanding: (1) any provision of this chapter or other provisions of this code; (2) any failure by any person to restrict smoking under this chapter; or (3) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. This chapter is intended and shall be interpreted to be consistent with and at least as stringent as any state statute prohibiting smoking in any unit, common area or other area of a multifamily rental apartment. B. If any provision of this chapter or the application thereof is held to be preempted, unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect any other provision of this chapter that is not specifically included in such ruling or that can be given effect without the preempted, unconstitutional, or invalid provision or application; and to this end, the provisions