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A. The Planning Director, or designee, may issue a citation for a violation that continues without being corrected.

B. The violator in such cases may be assessed a civil penalty for each day of the continuing violation.

C. An initial citation for a single violation shall be issued before a citation for a continuing violation may be issued. If the violator has failed to pay the civil penalty and correct the violation after the initial citation, the violator shall be subject to a citation for a continuing violation with a daily civil penalty.

D. An initial citation shall not be required if the Planning Director, or designee, has previously issued a notice of violation to the violator for the same violation within the previous two years, or if the violator has been specifically warned concerning the violation.

Commentary: “Specifically warned concerning the violation” includes any previous violator who has received a notice of violation or citation for the same violation – whether or not at the current location.

E. The Planning Director, or designee, may give a single citation for a continuing violation. The citation shall contain a copy of the notice of violation and shall state the violation is continuing, that a daily civil penalty of a specified amount is being imposed, and that the penalty shall be cumulative.