I would do it in person as a note/letter seems so passive aggressive. I'd like to think that the person isn't aware of the dogs behavior or has minimized it in his/her mind.
I would also document as much as possible, dates, times, etc... that the dog is out so that if you have to take the legal route, you have something to work with (because ultimately, youre going to be told to do so anyways and this gives you the jump start).
If the initial conversation goes well, but the behavior doesn't change, send a letter/note as a follow up. Create a paper trail.
Finally, if you have the resources/time, it never hurts to get some video tape footage of the dog as a reference.
Hopefully the in person "Hey, look, this is a bit awkward, but I just have to..." works and that's the end of it.
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