If such obstructions are not removed, or such excavations are not properly filled and maintained, within ten days after the service of a notice, by the City Council, Street Commissioner or their designee, in charge of the road obstructed, requesting the same to be done, the City Council, Street Commissioner or their designee, as the case may be, shall cause such obstructions, or such repairs on the excavation to be made, as may be necessary to place the same in its original condition. The expense thereby incurred shall be paid in the first instance out of moneys levied and collected or available therefor, and the amount thereof shall be charged against such owner or occupant, and levied and collected as provided in section 311.04 of this article.
(WVaC 17-16-3)