1046.40   RIGHTS OF WAY AND TREE TRIMMING.
   (a)   The customer, at his or her expense, shall provide and grant to the Borough such tree clearance rights of way as may be necessary for the erection and maintenance of poles, wires and appurtenances, together with such tree trimming and removal privileges as may reasonably be required to provide and maintain service.
   (b)   Where facilities are to be installed upon the property of a customer, such as an industrial establishment, for the customer's sole use, a right-of-way grant shall be required to the point of service delivery. No customer shall erect his or her own private facilities within the established limits of any road or highway.
   (c)   Property owners shall be responsible for the removal of diseased trees or trees that pose a threat to the integrity and/or maintenance of the Borough's electric utility. Upon receipt of notice by the property owner from the Electric Department, the property owner shall have the tree or trees cited removed. Upon neglect of the property owner to remove the cited tree or trees, the Electric Department shall remove the tree or trees or cause them to be removed and recover the costs thereof from the property owner, plus ten percent additional, together with all charges and expenses from the owner, and may file a Municipal lien or collect the same by an action in assumpsit.
   (d)   Borough representatives, who are properly identified, shall have full and free access to a customer's premises at all reasonable times for the purpose of reading meters, for inspection and repairs, for removal of Borough property, or for any other purpose incident to the service. The customer should immediately contact the Borough in case of any question as to the authority or credentials of Borough representatives. The customer shall provide, without charge, a right-of-way acceptable to the Borough for such lines across property owned or controlled by the customer as in the judgment of the Borough are necessary to furnish the service. When the premises of the customer are so located that a right of way across the property of another is required for the supply of service, the customer shall reimburse the Borough for any and all costs incurred by the Borough for such right of way. The Borough shall have the right to request the customer to deposit with the Borough the estimated costs to be incurred before undertaking to acquire the right of way.
   (e)   If the Borough representative is unable to gain access to the premises two months in succession, the Borough shall have the option to require the property owner, at his or her own expense, to have the metering equipment installed on the exterior of the property, as per Section 1046.14.
(Ord. 2211. Passed 4-29-97.)