(A) It is hereby declared to be unlawful for any person, firm or corporation, except persons engaged in the repair of the streets, alleys and public places of the town under the supervision of the Town Marshal or other proper authorities thereof, to dig or cause to be dug any trench or hole or make any excavation of any kind or plant any pole along, over or upon any of the streets, alleys or public places within the town or cause the work to be done for the purpose of tapping any gas or water mains or erecting or putting any system of telephones or doing work which requires digging or excavating in the streets, without first having obtained from the Clerk-Treasurer a permit to dig the trench or hole or to make the excavation, which permit shall correctly describe the kind of work and the location thereof. The person or persons to whom the permit may be granted will be required to see that the streets, alleys and public places where excavations are made, are placed in as good repair as they were before the work was commenced and the places be restored to former condition and original grade.
(B) If the persons making excavations or digging holes or trenches of any kind shall fail or refuse to repair the street, alley or other public place where the excavations have been made, the Town Marshal shall report the same to the Town Council who shall order the Marshal to repair the same and present the bill therefor to the person, firm or corporation making the excavation or digging the hole or trenches and if payment therefor be refused suit may be brought by the Town Council against the party in any court of competent jurisdiction for the collection of the expense of the repairs, expenses of suit including attorney fees, actual damages that may have been incurred by the town and a penalty not exceeding the statutory limit permitted.
(1982 Code, § 8-5) Penalty, see § 92.99