If either party fails to comply with the apportionment made by Council as to such fences, upon application of the aggrieved party, Council may employ some suitable person to build or repair the portion of such fence specified in the assignment and apportionment to be built or repaired and Council shall collect the costs and expenses of the same by suit at law from the party who failed, or refused to comply with the order and apportionment made by Council.
(1937 Code, Sec. 130.)