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The conviction of any person or persons, company or corporation under this chapter and the imposition of a fine or imprisonment or both, shall not be construed as a waiver on the part of the city of its right to recover from any such person or persons, company or corporation or the surety on the bond, as provided in this chapter, any damage that may be sustained by the city on account of such holes or excavations that may be made by him, it or them in any street or alley, paved or unpaved, in the city. (Ord. 2711 § 7, 2005)