Concord Municipal Code Art. V Nuisance and Enforcement

(a) Any violation of this chapter is hereby declared to be a public nuisance pursuant to Chapter 8.25 (Neighborhood Preservation), Article I (Public Nuisances).

(b) Causing, permitting, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of this chapter.

(c) For all purposes within the jurisdiction of the city, nonconsensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance.

(d) No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person’s effort to achieve compliance with this chapter.

(f) No person or employer shall discharge, refuse to hire, or in any manner retaliate against any person, employee, or applicant for employment because such person exercises any rights afforded by this article.

(Ord. No. 19-7, § 6 (Exh. A))

(a) Private right of enforcement. Any person, including a legal entity or organization acting for the interests of itself, its members, or the general public, may bring a civil action to enforce this chapter by way of a conditional judgment or an injunction to prevent future such violations and may sue to recover such actual or statutory damages as they may prove. In any such action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys’ fees.

(b) City discretion. In addition to the civil, criminal, and administrative remedies available, the City Attorney or Chief of Police, in their sole discretion, may abate the violation including under the procedure set forth in Section 8.25.080, may issue citations and fines under Section 8.25.070, and may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in Chapter 8.25 (Neighborhood Preservation), Article I (Public Nuisances). Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(c) Nothing in this chapter shall create a right of action in any person against the city or its agents to compel city or other public entity enforcement of this chapter against private parties. Neither the city, any member of the city, or any other officer, official, employee, or agent of the city shall be liable for any person’s breach of this chapter, any other breach of this chapter, or the city’s failure to enforce all or any portion of this chapter.

(Ord. No. 19-7, § 6 (Exh. A))