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Where Article 9 of Chapter 1 of Division 1 of Title 5 of the Government Code applies, the city council shall proceed as provided in the said article. In all other cases whenever any person fails or refuses to perform any act required by CMC 8.32.030, 8.32.040, 8.32.060, 8.32.080 or this section, the sheriff 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 10 days after the service of such notice, shall either:

(1) Comply with this chapter, or

(2) 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.

(3) If any such person cannot be found, the sheriff shall post such notice in a conspicuous place at or near the excavation, sump, cellar, ditch, or body of water.

Compliance with this chapter is not a condition precedent to a criminal prosecution for a violation of any provision of this chapter. (2002 Code § 17-2.9).