Whenever any sidewalk shall have been ordered built, repaired or replaced, the dirt removed may be used by the city in the improvement of the street on which building or repairs are being made, or on streets, alleys, or public places where the grading of such is of the same general plan. In case the city does not desire to use the dirt, the property owner may remove it together with all old material within five days from the completion of the work. In case the property owner fails to do so, the contractor shall proceed to remove the material and the cost thereof shall be collected as part of the cost of the improvement. 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 sidewalk have not been tampered with.
(`79 Code, § 14-55) (Ord. 02-1999, passed 2-23-99) Penalty, see § 10.99