1113.08  NOTICE TO REMOVE RUBBISH; REMOVAL BY CITY.
   (a)   In the event that any person owning or occupying any lot, tract or parcel of property within the City including the premises located between the sidewalk and roadway fails to perform his duty to cut and remove dirt, rubbish, debris, brush, trees, plant growth, filth or any other deleterious material therefrom, as required in Section 1113.07, the Health Officer or the Mayor or his authorized representative shall give or cause to be given in writing to any person owning or occupying such lot, land or property, notice to remove such dirt, rubbish, debris, brush, trees, plant growth, filth or any other deleterious material from such lot or parcel of land.
 
   (b)   Unless within seventy-two hours from the date of the serving, mailing or publication of the notice provided for in subsection (a) hereof, the dirt, rubbish, debris, brush, trees, plant growth, filth or any deleterious material is removed from such lot, land or property as directed by such notice, the Health Officer or the Mayor or his duly appointed representative shall cause the same to be removed either by the agents or employees of the City, or otherwise as he may decide or direct, and the Mayor shall report the cost of cutting and removal to Council. The Mayor shall immediately mail a bill, voucher or statement of such cost to the person owning or occupying such lot, land or property and the bill, voucher or statement shall be due within ten days of the date of the mailing of the bill, voucher or statement.
 
   (c)   The notice referred to in subsection (a) hereof shall be sufficient and shall be deemed to have been given when a written notice is delivered in person to the owner or occupant, or deposited in the United States mail addressed to the owner or occupant at his last known address or by any of the methods prescribed for the service of process issued by the Clerk of a Circuit Court of the State.
 
   (d)   No error in the name of the property owner, the description of the property nor in the materials designated to be cut and removed shall affect the validity of any such notice, provided that from the description of such lot, land or property the identity thereof may be established with reasonable certainty.
 
   (e)   The payment of the amount so chargeable to the owner shall not relieve him of any fine imposed under the provisions of this article or constitute a defense against any violation of the provisions of Section 1113.07.  Each day of failure to comply with the provisions of Section 1113.07 after seventy-two hours' notice to do so, shall constitute a separate and distinct offense.