§ 97.46  CITY’S RIGHT TO RESTORE SURFACE.
   If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the City Engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses, and amounts paid out and due it for such work and shallapply in payment of the amount due it any funds of the permittee deposited as herein provided and the city shall also enforce its rights under the permittee’s surety bond provided pursuant to this subchapter. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation or two years after restoring it to its original condition.
('69 Code, § 18-61) (Am. Ord. O-12-23, passed 11-12-12)  Penalty, see § 10.99