A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party.
B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties.
C. Any violation of this chapter is hereby declared to be a public nuisance.
D. In addition to other remedies provided by this chapter or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
E. Any person may bring a civil action to enforce this chapter to prevent future violations and may sue to recover actual or statutory damages, including court costs, and attorney fees.
F. Owners, operators, property managers, and officers of homeowners’ associations for residential properties, whether rental or owner-occupied, are required to post signs in accordance with Section 10.90.050 and provide notice to residents or tenants of the requirements of this Chapter. Owners, operators, and property managers of rental property must include the requirements of Section 10.90.030(G) in the lease or other rental agreement. If the owners, operators, property managers, and officers of rental property and homeowners’ associations for residential properties have satisfied these requirements, they shall not be responsible for violations of the requirements of this chapter by tenants or residents, or guests of tenants or residents.
G. An owner, operator, or manager (“owner”) of a commercial establishment shall not be responsible for violations of this chapter within an area under owner’s control, by a patron or other member of the public (“patron”); provided, that the owner:
1. Has posted signs in accordance with this chapter; and
2. Has verbally asked the patron not to Smoke.
This limitation shall not limit the liability of an employer for the actions of employees in places of employment, or any other violation of this chapter by the employer. (Ord. 21-2227 (part), 2021; Ord. 14-2121, § 5, 2014; Ord. 11-2077 (part), 2011)