FYI: Pasadena passed a Disclosure Report of a No Smoking ordnance on the premise of all Multi-Unit Investment Properties. This will create a cleaner and healthier city. Renters, buyers and sellers: This is a report that must be signed upon move in.
Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Here is a Copy of the No Smoking Ordinance LawÂ
"Pasadena City Council Passes Ordinance Banning Smoking in Multi-Family Buildings
Earlier this week (July 11, 2011), the Pasadena City Council passed an
ordinance which will ban smoking in all multi-family building (defined
as two units or more). Smoking will be banned in all common areas and
within the unit themselves, including balconies or patios.
The ban goes into effect immediately for apartment units which are newly
constructed or which are being leased or rented for the first time.
It will be unlawful to smoke in ALL multi-family units (including condos
and townhomes as well as apartments) effective Jan 1. 2013.
Property owners, managers, homeowners associations, etc. will be
required to post signs noting the no smoking law but are not responsible
for its enforcement. Enforcement of the ordinance will be through the
cityâ€™s health department.
All lease agreements entered into after Jan. 1, 2012 will incorporate
ordinance disclosure information. All purchase agreements after Jan 1.
2012 are to include a reference to the ordinance and a copy of it. PFAR
will be working with city staff to develop disclosure forms and
Questions: Laura Olhasso, Government Affairs Director. 626.795.2455
Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â __________________________________________________
8.78.080 â€“ Posting of signs.
A. Â Every owner, operator, manager, or other persons
having control of a structure where smoking is prohibited under this
chapter shall conspicuously post in such buildings â€œNo Smokingâ€ signs
with capital letters not less than one-inch in height on a contrasting
background. The international â€œNo Smokingâ€ symbol (consisting of a
pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it) may be used in lieu of the written â€œNo
Smokingâ€ sign, or a sign approved by the cityâ€™s health officer.
B.Â The â€œNo Smokingâ€ postings may be limited to first floor entrances and exits, lobbies, restrooms, and elevators.
(Ord. 6548 Â§ 2 (part), 1993)
8.78.085 â€“ Reduction of drifting tobacco smoke in multi-unit housing.
A.Â The following words and phrases, whenever used in this section, shall have the following meanings:
â€œCommon areaâ€ means every interior or exterior space of multi-unit
housing that residents of more than one unit are entitled to enter or
use, including, without limitation, halls and paths, lobbies and
courtyards, elevators and stairs, community rooms and playgrounds, gym
facilities and swimming pools, parking garages and parking lots, shared
restrooms, shared laundry rooms, shared cooking areas, and shared eating
areas.2. â€œMulti-unit housingâ€ means residential property containing two
or more dwelling units but does not include a hotel or motel that meets
the requirements set forth in California Civil Code Section 1940(b)(2)
or a mobile home park.3.Â â€œNew unitâ€ means, for new construction, a unit
that is issued a certificate of occupancy on and after July 1, 2011,
or, for buildings already constructed, a unit that is leased or rented
for residential use for the first time on and after July 1, 2011.
4.Â â€œNonsmoking areaâ€ means any unit or common area of multi-unit housing in which smoking is prohibited by this section.
5.Â â€œUnitâ€ means a personal dwelling space, even where lacking
cooking facilities or private plumbing facilities, and includes any
associated exclusive-use enclosed area or unenclosed area, such as,
without limitation, a private balcony, porch, deck or patio. â€œUnitâ€
includes without limitation: an apartment; a condominium; a townhouse; a
room in a long-term health care facility, assisted living facility, or
hospital; a room in a single room occupancy facility; and a room in a
B.Â Nonsmoking Areas in Multi-Unit Housing.
It is unlawful to smoke in all common areas of multi-unit housing.
It is unlawful to smoke in all new units of multi-unit housing.
It is unlawful to smoke in all multi-unit housing units on and after January 1, 2013.
C.Â Disclosure of the Requirements of this Section.
Every lease or other rental agreement for the occupancy of a
multi-unit housing unit entered into, renewed or continued
month-to-month on and after January 1, 2012 shall contain a reference to
this section and attach a copy of this section.
Every purchase agreement for the sale of a multi-unit housing unit
entered into on or after January 1, 2012 shall contain a reference to
this section and attach a copy of this section.
D.Â Violations and Enforcement.
It is unlawful for any person to violate the provisions of this section.
Notwithstanding Section 8.78.110 or any other provision of this
code, a violation of this section shall be punishable under the
administrative citation procedures set forth in Chapters 1.25 and 1.26.
The fine imposed for a particular violation shall be in the amount set
forth in the administrative citation schedule established by resolution
of the city council pursuant to Section 1.26.060.
The provisions of this section shall be enforced by the health
officer of the city or an authorized designee in the environmental
health division. An owner, operator, manager, landlord, homeownersâ€™
association, or other person having control of a multi-unit housing unit
shall post signs as required by Section 8.78.080; however, said persons
may, but are not hereby required, to assist with enforcing the
provisions of this section and shall not be deemed in violation of this
section by failure to assist its enforcement."
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