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set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions. Except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor. (d) The zoning administrator or hislher deputy may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or to the Portsmouth City Treasurer prior to the date fixed for trial. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such person shall be informed of his/her right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the city's burden to show the liability of the violator by a preponderance of the evidence. An admission of liability or a finding of liability shall not constitute a criminal conviction. Sec. 40-58.2. Certificate of Appropriateness; violations; criminal penalties. Failure to either obtain a required certificate of appropriateness prior to commencement of work or failure to proceed with a project as approved or failure to complete a project with one year after work has commenced shall be a violation of this article and shall be punishable as provided in section 40-183. Sec. 40-59. Exemptions. Nothing in this chapter shall prevent the owner of a building, structure or property in the Downtown Districts from performing any maintenance, alteration or painting to the external architectural features of such building, structure or property which does not involve a change in design, material, color or the outward appearance thereof and which maintenance, painting or alteration is of such nature that it may lawfully be effected without a permit from the building official, provisions of this article to the contrary notwithstanding. This chapter shall not prevent any demolition, repair, maintenance, painting or alteration of any such feature which the building official shall certify to be required by the public safety because of unsafe or dangerous condition. Sec. 40-59.1. Appeals. (a) Either an applicant or the planning director may appeal to the city council any final decision of the Downtown Design Committee regarding a certificate of appropriateness, provided such appeal is filed in writing with the Committee secretary within 30 days of the