[Adopted 3-15-1932; amended in its entirety at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
No awning shall be placed or constructed over
any sidewalk, unless the same is constructed of cloth or canvas and
properly supported by iron rods. Every part of such awning and the
supports thereof shall be at least seven feet above the sidewalk.
No person shall lay, pave or relay any sidewalk,
curb or gutter in any street, without first having obtained the grade
and line thereof from the appropriate village authority, and the same
shall be laid or relayed upon such grade and line. No person shall,
in repairing, altering or improving any street, curb or gutter, change
the grade therefor given by the appropriate village authority. In
the case of any such alteration in street, curb or gutter, all the
directions of the appropriate village authority in regard to the grade,
line, width and material shall be followed. In case of any dispute
or complaint as to any unreasonable decision on the part of the appropriate
village authority, final determination shall be made by the Board
of Trustees of the village.
The owner or occupant of any lot or parcel of
land, fronting or abutting on any street, public highway, lane or
alley shall keep the sidewalk and the gutter along the same in front
of such lot or parcel or land free from ice, dirt, filth, weeds, papers,
leaves, obstruction or encumbrances of every kind, and so as to permit
easy, safe and commodious use of such sidewalk and to allow the free
passage of water in the gutter. Every such owner or occupant shall
after every fall or snow cause the same to be removed from such sidewalks
so as to provide for a reasonably safe and convenient passage for
pedestrians.
A.
The owner or occupant of every lot or parcel fronting
upon any public street or traveled highway, in front of which parcel
a sidewalk, curbstone or gutter has been or shall be laid, shall at
all times maintain or keep such sidewalk, curb or gutter in good repair
and so as to be safe, easy and commodious for persons using this highway.
Hereafter, all sidewalks shall be constructed of concrete, and all
repairs to existing sidewalks shall be of concrete and, prior to such
repairs and such construction, a permit for same shall be obtained
from the appropriate village authority.
B.
The Zoning Board of Appeals of the Village of Newark is hereby empowered, however, to grant variances to the above to owners or occupants of property fronting on a public street or traveled highway if such owners or occupants prove to the satisfaction of such Board that strict enforcement of Subsection A, particularly in areas used for heavy vehicular traffic, would cause undue hardship to said owners or occupants. Said Board, in the exercise of its discretion, may refuse to grant such variances, or may attach to such variances as it sees fit to grant, such conditions as it deems wise.
The owner or occupant of any lot fronting on
any street, traveled road or public place, upon which lot there is
an abrupt descent from such sidewalk, street or traveled road, or
an excavation or a dangerous place, shall make, maintain and continue
upon such lot in front of the same upon the line of the sidewalk,
street or highway, a strong and sufficient barrier, wall or fence,
so as to prevent persons or animals from falling through or over the
same into such dangerous place or excavation.
The violation of any of the provisions of this
article shall be punishable by a maximum fine of $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
