16 SUPPLEMENTAL MATERIAL - Laserfiche WebLink

THE CITY OF PLEASANTON o MEMORANDUM From: Date To: Subject:Item #16 - Restrictions on Smoking at Townhomes, Condominiums and Buildings with Three of More Attached Units After publication of the staff report for the above-referenced matter, City staff have received comments from members of the public raising concerns about the direct burdens placed on property owners for enforcement of the proposed smoking restrictions. After consideration, staff recommends that the proposed ordinance be amended to clarify that property owners (referred to as Landlords): (1) will only be asked to provide copies of lease agreements and compliance actions when requested by staff for City's enforcement purposes; and (2) not be subject to liability for a tenant who violates the smoking restrictions. The recommended amendments are as follows: 9.27 .040 Penalties and enforcement. ... 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 shal{ d€m€nstra+e will be asked to provide a copv of the existino lease aqreement to City staff to show whether that the Landlord has complied with the lease terms in Section 9.27.035, and the t-anOtorO sha{l will be asked to provide anv available documentation of Landlord's actions to achieve a tenant's compliance with this chapter. City staff may reasonably requi+e request that the Landlord to first take enforcement action as allowed by the rental agreementforviolatingtheprovisionsofthischapter enfereernent aetien. 2. For situations where the Unit is owner-occupied or leased, City staff may contact the condominium or townhome owners' association to provide Citv staff with information about association rules and property to assist City staff with enforcement action. December 7,2021 Mayor and Council Brian Dolan, lnterim City Mana gerfl) By:Ellen Clark, Director of Community Development Larissa Seto, Assistant City Attorn.y,N{ *