A. Whenever any person fails or refuses to perform any act required by Sections 8.32.020 or 8.32.040, the chief of police shall serve upon such person in the manner required by law for the service of summons, a notice in writing requiring that such person, within ten days after the service of such notice, shall either comply with this chapter or, if such person is of the opinion that this chapter does not require him to comply with such notice, file a protest in writing with the city council.
B. If any such person cannot be found, the chief of police shall post such notice in a conspicuous place at or near the excavation, sump, cellar or ditch.
C. Compliance with this section is not a condition precedent to a criminal prosecution for a violation of any provision of this chapter.
(Prior code § 9.36.090 (Ord. 388 Art. 2, § 6, 1954))