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Ordinance No.2229 Page 6 of 6 1. For situations where a Unit is leased, the Landlord of the Unit may be asked by City staff to: provide a copy of the existing lease agreement; and whether there is any available documentation of Landlord's actions to achieve tenant's compliance with this chapter. City staff may reasonably request that the Landlord take enforcement action as allowed by the rental agreement for violating the provisions of this chapter. 2. For situations where the Unit is owner-occupied or leased, City staff may contact the condominium or townhome owners' association to provide 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. 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. B. A Person in control of a Subject Property may impose more restrictions on Smoking than this chapter, and that Person shall enforce such restrictions. 9.27.050 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 or private agreements with regard to Smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. 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 of this chapter are declared severable. II 6