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 a permit issued under §§ 93.030 et seq., 93.050 et seq., 93.070 et seq., 93.090 et seq., and 93.105 et seq., or shall otherwise have failed to complete the excavation work covered by the permit, the Street Superintendent, if he or 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 together with an additional 25% of the cost 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 the work. The city shall apply, use, or deduct, in payment of any amount due it, any funds of the permittee deposited pursuant to §§ 93.030 et seq., 93.050 et seq., 93.070 et seq., 93.090 et seq., and 93.105 et seq., and the city shall also enforce its rights under the permittee’s surety bond provided pursuant to §§ 93.030 et seq., 93.050 et seq., 93.070 et seq., 93.090 et seq., and 93.105 et seq.
(1981 Code, § 24-106)