Laserfiche WebLink
(2) Smoke in a nonsmoking unit; or <br />(3) Smoke in any Multi-Unit Residence Common Area in which Smoking is <br />prohibited by the landlord; <br />(c) A clause stating that all lawful occupants of the Multi-Unit Residence are express <br />third-party beneficiaries of the above required clauses. <br />The California Apartment Association's Form 34.0, Revised January 2007, meets the <br />requirements for lease terms as outlined and is an option for use to comply with this Section. <br />The landlord may modem Form 34. D as needed to specifically designate which areas of the <br />premises are smoking areas. <br />4-12-320 SMOKING POLICY REQUIRED FOR CONDOMINIUMS. All <br />condominium complexes must include a policy regarding smoking in common areas, balconies, <br />decks, or other open areas of residential units within their Covenants, Conditions and <br />Restrictions (CC&Rs), or within whatever rules of conduct or property maintenance apply to said <br />condominium complex. <br />4-12-325 LIABILITIES OF TENANT. A tenant who breaches the Smoking regulations <br />of a lease or knowingly allows another person to do so shall be liable to: <br />(a) The landlord; and <br />(b) Any lawful occupant of the Multi-Unit Residence who is exposed to secondhand <br />smoke as a result of that breach. A landlord shall not be liable to any person fore any <br />breach of Smoking regulations.:F+>,°'°«al^_a 1,°^ R,11., ^ «r,°a .,,:*>, *t,:° rh°«+°,. <br />4 I3 ~~0 r-rc~r nerrot~ uv r Alynr none. >~..°.., 1.,«at^..a ^v ., >\R„t+; rT«;+ n°,.;,a°,,,.° <br />b <br />1.+ ~+;n nFn ,.i° °+°.7 C,«.,L;« A .,F+L.: 1:~+ 41., «l., «.7 .,F ., <br />4-12-335 DISCLOSURE TO PROSPECTIVE BUYERS. All sellers of multi family or <br />condominium units are required to disclose to prospective buyers in writing whether smoking <br />has been permitted in the unit and the smoking policy for the complex. <br />4-12-340 ENFORCEMENT. The lease or agreement terms required by Section 4-12-315 <br />are hereby incorporated by force of law into any lease or other agreement for the occupancy of a <br />unit in a Multi-Unit Residence made on or after (30 months after effective date of the ordinance <br />-date to determined upon adoption); and which does not fully comply with Section 4-12-315. <br />Failure to enforce any Smoking regulation of a lease or agreement on one or more <br />occasions shall not constitute a waiver of the lease or agreement provisions required by this <br />Chapter and shall not prevent future enforcement of any such Smoking regulation on another <br />occasion. <br />ARTICLE 4. REASONABLE SMOKING DISTANCE REQUIRED <br />4-12-400 REASONABLE SMOKING DISTANCE REQUIRED-20 FEET. Smoking <br />in Unenclosed areas shall be prohibited within a Reasonable Distance from: <br />