(A) (1) The tracks of all railroad companies, as laid and maintained along or across any of the streets of the city, shall be made to conform to the grade and level fixed by the City Engineer or Board of Public Works and Safety, except, however, that this obligation shall not be applicable in connection with any grade separation project.
(2) Whenever in the opinion of the Board of Public Works and Safety it is necessary to regrade, pave, repave, or repair any street in which the railroad tracks are laid, the railroad company shall take up and re-lay the tracks or otherwise adjust them to the grade established, within 30 days from receipt of notice therefor from the Board.
(B) (1) If the railroad company shall fail or neglect to take up the rails and tracks and re-lay them, the Board may cause the same to be done and charge the cost to the railroad company.
(2) In case of failure by the railroad company to pay the cost thereof, the city shall have a cause of action therefor against the railroad company for the cost of the work.
(C) Charging the railroad company for the work or paying of the same shall not exclude the railroad from liability for the penalty provided in this code.
(Prior Code, § 77.05) Penalty, see § 76.999