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<br />Continuing Offense $500.00 <br />Repeat Offense $500.00 <br /> <br />(b) For the purpose of these penalties, the following terms shall apply: <br /> <br />Initial Offense. The first offense committed by this individual at this or any other <br />property in the historic districts <br /> <br />Continuing Offense. An offense that has not been corrected after receiving notice to <br />correct and being issued an initial civil penalty <br /> <br />Repeat Offense. An offense committed by an owner, agent and/or contractor after <br />receiving a violation notice for failure to obtain a Certificate of Appropriateness at any <br />other property within any of the historic districts <br /> <br />(c) Each day during which the violation is found to have existed shall <br />constitute a separate offense. Violations enumerated in paragraph (a) above arising from <br />the same operative set of facts shall not be charged more frequently than once in any 10- <br />day period, and a series of specified violations arising from the same operative set of <br />facts shall not result in civil penalties which exceed a total of $5,000. Designation of a <br />particular zoning ordinance violation for a civil penalty pursuant to this section shall be in <br />lieu of criminal sanctions. Except for any violation resulting in injury to persons, such <br />designation shall preclude the prosecution of a violation as a criminal misdemeanor. <br /> <br />(d) The zoning administrator or his/her deputy may issue a civil summons as <br />provided by law for a scheduled violation. Any person summoned or issued a ticket for a <br />scheduled violation may make an appearance in person or in writing by mail to the <br />Department of Finance or the Portsmouth City Treasurer prior to the date fixed for <br />trial. Any person so appearing may enter a waiver of trial, admit liability, and pay the <br />civil penalty established for the offense charged. Such person shall be informed of his /her <br />right to stand trial and that a signature to an admission of liability will have the same <br />force and effect as a judgment of court. <br /> <br />If a person charged with a scheduled violation does not elect to enter a waiver of <br />trial and admit liability, the violation shall be tried in the general district court in the same <br />manner and with the same right of appeal as provided for by law. In any trial for a <br />scheduled violation authorized by this section, it shall be the city's burden to show the <br />liability of the violator by a preponderance of the evidence. An admission of liability or a <br />finding of liability shall not constitute a criminal conviction. <br /> <br />Sec. 40-55. Maintenance of historic properties. <br /> <br />Nothing in this division shall be construed to prevent the normal repair and <br />maintenance of any exterior architectural feature or ordinary yard maintenance in the <br />