In case an excavation made or caused to be made by any person is closed in such a manner as to leave the street in a condition which, in the opinion of the Superintendent of Public Works, is not the same as such street or pavement was in before such excavation was made, said Superintendent of Public Works shall report such conditions to the Common Council, which may require the person so offending, by a written notice upon him, to restore within the time therein specified the portion of the street left defective to its former condition.
In case a person neglects or refuses to restore said street to its former condition within the time specified in said notice, in that event, the Common Council will direct the Superintendent of Public Works to do said work, and the expense incurred must be paid by the party who made the excavation.