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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 Injunctive Relief or 1.28 Administrative Remedies of this code. C. Prior to City staff undertaking any enforcement action for an alleged violation of this chapter: 1. For situations where a Unit is leased, the Landlord of the Unit shall demonstrate tomay be asked by City staff thatto: provide a copy of the Landlord has complied with theexisting lease terms in Section 9.27.035,agreement; and the Landlord shall provide whether there is any available documentation of Landlord's actions to achieve a-tenant's compliance with this chapter. City staff may reasonably requirerequest that 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. 2. For situations where the Unit is owner-occupied or leased, City staff may contact the condominium or townhome owners' association to assistprovide staff with information about association rules and property to assist City staff with enforcement action. D. Enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any Person against the City or its agents to compel enforcement of this chapter. E. Failure to enforce any provision of 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. 9.27.045 Private enforcement. A. 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 injunctive relief, court costs and reasonable attorney's fees. B7A. If covenants, conditions, and restrictions (CC&Rs) governing a Subject Property are more restrictive than this chapter with regard to Smoking, those CC&Rs shall control and shall be enforced by the homeowners' association or an owner.