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lt shall be the duty of the Clerk-Treasurer, upon the filing of the application and bond required by § 95.20 to issue to such person a permit to do such work and in such permit he shall describe the kind, purpose and location of such work. Every person receiving such permit, shall before entering upon the work, notify the city of his intention to do such work. In case of the failure of any person, to whom a permit has been issued to do the work in the proper manner, the city shall immediately remedy such defects and the cost thereof shall be recovered by an action on the bond before any court of competent jurisdiction together with a reasonable attorney fee for bringing and prosecuting such actions; provided, that no person shall for any purpose whatever open any street or alley in the city and no permit so to do shall be issued by the Clerk-Treasurer between the first day of December and the first day of the succeeding April except by special permission by resolution of the Common Council.
('74 Code, § 13-13) Penalty, see § 95.99