The person by whom any excavation shall be made in any public street, alley or other public place shall be deemed and held to guarantee the work of backfilling and repair thereof for a period of one year after the acceptance of such work by the city against all defects in workmanship and materials. Whenever, within such period of one year, any part of the pavement, sidewalk, curb and gutter on any public street or place so guaranteed becomes in need of repairs by reasons of any defect in workmanship or material used in the work or backfilling or repair, the public works director shall serve on the permittee a written notice stating the repairs necessary and requiring such repairs to be commenced within seven days after the service of such notice, and prosecuted diligently until completed. If the same is not complied with as required by the public works director, he shall complete or cause the work to be completed, and charge the cost thereof to the holder of the permit required by this chapter and the deposit or bond posted therefor. (Ord. 1970 NCS §3 (part), 1994; Ord. 1369 NCS §2 (part), 1979.)