Whenever, in the opinion of the Board of Health, any privy vault, cesspool or sink hole is in an offensive condition or in need of cleaning, it shall be his duty to notify the owner, agent or occupant of the premises upon which the same is situated to cleanse the same within a period named in such notice and unless the person so notified shall comply with such notice, it shall be the duty of said Board to cause the same to be cleaned by one or more of the city scavengers and such person so failing to comply with such order or notice shall be deemed guilty of a misdemeanor. Nothing in this section shall be construed as exempting any such person so failing to comply with such notice from payment of the expenses incurred in the cleaning of such privy vault, cesspool or sink hole.
('71 Code, § 4-10-8) Penalty, see § 10.99