Whenever any person fails or refuses to perform any act required by this chapter, the city may itself cap, cover or fill such well. It is not necessary to follow the provisions of this chapter as a condition precedent to any criminal prosecution. In the event the city caps, covers, or fills such well the cost and expense thereof shall be paid to the city by the owner or possessor of such property and a civil action may be brought by the city to recover the same. In such action the city shall be entitled to recover reasonable attorney’s fees. (2002 Code § 17-1.3).