(A) Whenever any sidewalk shall have been ordered built, repaired, relaid, or replaced, the dirt removed may be used by the town in improving the street upon which building or repairs are being made or on streets, alleys, or public places, the grading of which is of the same general plan.
(B) In case the town does not so use the dirt, the property owner may remove it together with all old material within 5 days from the completion of the work.
(C) (1) In case the property owner fails to do so, the contractor shall proceed to remove the same and the cost thereof shall be collected as part of the cost of the improvement.
(2) It shall be the duty of the contractor, at all times while building, repairing, relaying or replacing any sidewalk, to see to it that the stakes indicating the grade of the same have not been tampered with.
(1992 Code, § 7-105)