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C. Prior to City staff undertaking any enforcement action for an alleged violation of <br /> this chapter: <br /> 1. For situations where a Unit is leased, the Landlord of the Unit shall <br /> demonstrate to City staff that the Landlord has complied with the lease terms <br /> in Section 9.27.035, and the Landlord shall provide documentation of <br /> Landlord's actions to achieve a tenant's compliance with this chapter. City <br /> staff may reasonably require the Landlord to first take enforcement action as <br /> allowed by the rental agreement for violating the provisions of this chapter <br /> before City staff proceed with any enforcement action. <br /> 2. For situations where the Unit is owner-occupied or leased, City staff may <br /> contact the condominium or townhome owners' association to assist with <br /> enforcement action. <br /> D. Enforcement of this chapter is at the sole discretion of the City. Nothing in this <br /> chapter shall create a right of action in any Person against the City or its agents to <br /> compel enforcement of this chapter. <br /> E. Failure to enforce any provision of this chapter shall not affect the right to enforce <br /> such provision in the future, nor shall a waiver of any breach constitute a waiver of any <br /> subsequent breach or a waiver of the provision itself. <br /> 9.27.045 Private enforcement. <br /> A. Any Person may bring a civil action in any court of competent jurisdiction, <br /> including small claims court, to enforce this chapter against any Person who has <br /> violated this chapter. Upon proof of a violation, a court shall grant appropriate relief <br /> including awarding actual damages (including damages for emotional distress), <br /> injunctive relief, court costs and reasonable attorney's fees. <br /> B. If covenants, conditions, and restrictions (CC&Rs) governing a Subject Property <br /> are more restrictive than this chapter with regard to Smoking, those CC&Rs shall control <br /> and shall be enforced by the homeowners' association or an owner. <br /> C. A Person in control of a Subject Property may impose more restrictions on <br /> Smoking than this chapter, and that Person shall enforce such restrictions. <br /> 9.27.050 Interpretation. <br /> A. This chapter is restrictive only. This chapter establishes no new rights for a <br /> Person who engages in Smoking. Notwithstanding: (1) any provision of this chapter or <br /> other provisions of this code; (2) any failure by any Person to restrict Smoking under <br /> this chapter; or (3) any explicit or implicit provision of this code that allows Smoking in <br /> 7 <br />