If the permittee has failed to re store the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or otherwise has failed to complete the excavation work covered by such permit, the Deputy Service Director/Superintendent of Engineering, if he/she 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 twenty five percent 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 shall apply 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 chapter. (Ord. 2002-106. Passed 11-2-02)