12.70.035 Smoking prohibited in multi-unit residences.

A.    Effective May 1, 2014, smoking is prohibited in all units of multi-unit residences and all common areas of multi-unit residences.

B.    All common areas of multi-unit residences shall have signage indicating that smoking is prohibited consistent with the signposting requirements of Section 12.70.060.A.

C.    If the City receives a complaint of a violation of subdivision A, it may issue a notice to the person(s) responsible, informing him or her of the requirements of this Section. The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).

D.    If within a six month period following issuance of a notice under subdivision C, the City receives at least two complaints from residents of at least two separate units of the same multi-unit residence, or in the case of a two-unit multi-unit residence, from a resident of the other unit of a violation of subdivision A by the same person(s) provided notice under subdivision C, the person(s) responsible for the violation shall be guilty of an infraction as provided for in Berkeley Municipal Code Chapter 1.20. In addition, the City may employ any other remedies permitted by law, including but not limited to Chapter 1.28. In order for the City to initiate enforcement under this Section, each person who makes a claim of a violation of this Section must lodge the complaint on a form specified by the City.

E.    Use of medical cannabis, including through the use of an electronic smoking device, within the enclosed area of a unit by a person for whom using medical cannabis is not a crime under California law shall be exempt from this Section.

F.    Sales contracts for condominiums entered into on or after May 1, 2014 shall disclose the requirements of Sections 12.70.035 and 12.70.037. (Ord. 7369-NS § 4, 2014: Ord. 7321-NS § 4, 2013)