If any portion of any street shall be damaged by reason of facilities laid or constructed under a franchise, the grantee shall, at his own expense, repair any such defect and put such street in as good condition as it was before such damage was incurred, to the satisfaction of the Director of Public Works. If the grantee, within 10 days after receipt of written notice from the Director of Public Works instructing it to repair such damage, shall fail to commence to comply with such instruction, or, thereafter, shall fail, diligently to prosecute such work to completion, then the Director of Public Works, immediately, may do whatever work is necessary to carry out such instruction at the cost and expense of the grantee, which cost and expense, by the acceptance of the franchise, the grantee agrees to pay upon demand. If such damage constitutes an immediate danger to public health or safety requiring the immediate repair thereof, the Director of Public Works without notice may repair such damage and the grantee agrees to pay the reasonable cost thereof upon demand.
('64 Code, § 10-39) (Ord. 168, passed 2-9-61) Penalty, see § 10.97