Except as provided in section 9.40.050 of this chapter, or its successor section, the director of health may serve a notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or upon the person who may be the cause of such nuisance, requiring such person to abate the same in such manner as the director of health may direct, and within a reasonable time to be fixed in the notice; and failure to give a notice as provided herein shall not relieve the author of any nuisance from the obligation to abate such nuisance, or from the penalty provided for the maintenance thereof. (Prior code § 18-26-6)