The city will bear the cost for the repair/replacement of any curb and gutter that the Street Superintendent deems necessary, except for those cases where the property owner has caused a modification or repair to the curb and gutter that was not approved by the Street Superintendent. Then, the cost and repair of such curb and gutter replacement shall be born by the adjacent property owner; and, in the event that said property owner fails to repair or replace such curb and gutter, the Street Superintendent shall make such repair and the cost of such shall be assessed against the adjacent property owner pursuant to state law.