[HISTORY: Adopted by the City of Norwalk Common Council 6-11-2002; amended in its entirety 10-28-2025. Subsequent amendments noted where applicable.]
A. 
The purpose of this Chapter is to protect, preserve and ensure the proper maintenance of Trees and Shrubs along public streets and rights-of-way, parks and other properties in the City of Norwalk and to provide for new Trees and Shrubs to be planted for the benefit of present and future generations. Trees and Shrubs provide important benefits to the City and its residents, including the beautification of City streets and neighborhoods, the reduction of urban heat islands, an improvement in air and water quality, and the enhancement of property values. Trees and Shrubs provide oxygen, impede soil erosion, aid water absorption and the mitigation of stormwater, ameliorate against potential flooding, and absorb CO2, other pollutants, and breathable particulate matter. Furthermore, Trees and Shrubs provide shade, screening, privacy, and aesthetic appeal, absorb and lessen impacts from winds, act as natural noise barriers, and support habitat for wildlife.
B. 
The intent of this Chapter is to maintain and grow Norwalk's Urban Forest, maintain Trees and Shrubs in a healthy condition, protect existing Trees and Shrubs, and mitigate losses and damage to the City's Trees and Shrubs.
As used in this Chapter, the following terms shall have the meanings indicated:
ALTER
To take action by removing branches or by filling, surfacing, grading, compacting, channeling or changing the drainage pattern of the soil surrounding any Tree or Shrub in a manner that threatens to diminish the vigor of the Tree or Shrub. The term "Alter" does not include normal seasonal Pruning of a Tree or Shrub necessary for normal growth or for the maintenance of sight lines.
ASSESSED VALUE
The dollar value of a Tree or Shrub using current nationally recognized standards for plant appraisal. These standards shall be selected by the Tree Warden and may include, but not be limited to, the latest edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers and endorsed by the International Society of Arboriculture, or any successor standard commonly accepted in the field of arboriculture.
BEST INTEREST
A determination based on a review of all relevant factors, including, but not limited to, the preservation of Trees and Shrubs, the impact on the streetscape, the maintenance of an effective Tree canopy, the importance of the particular Tree or Shrub, the health of the Tree or Shrub, and the overall impact that the loss of the Tree or Shrub would have on the health, safety, and welfare of the general public and on the Urban Forest.
CITY SHRUB
A Shrub in a Public Place.
CITY TREE
Any Tree in a Public Place and, depending on the relevant facts, including a Streetscape Tree.
DAMAGE
To act in a manner to jeopardize a Tree or Shrub's health or cause its appearance to be defaced. Actions that constitute Damage include but are not limited to: posting bills; hanging streamers and/or decorations; driving any objectes into a Tree or Shrub; carving the bark of a Tree or Shrub; digging/excavating/paving and/or parking a motor vehicle within the Drip Line in a way that affects the root system; painting a Tree or Shrub; setting fire to a Tree or Shrub; or allowing harmful substances to come in contact with a Tree or Shrub.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a Tree at 54 inches above grade as determined using the United States Forest Service method.
DEPUTY TREE WARDEN
An individual appointed by the Tree Warden, pursuant to Connecticut General Statutes § 23-58, as amended from time to time, to assist in carrying out the responsibilities of the office. The Deputy Tree Warden shall meet qualification requirements as provided in CGS § 23-59a, as amended from time to time, and may be removed at the discretion of the Tree Warden.
DRIP LINE
A conceptual line along the ground that conforms to the perimeter of the crown of the Tree and projects vertically to the ground.
HAZARDOUS SHRUB
A Shrub that is likely to create hazardous conditions on roadways or sidewalks or cause imminent danger to the health, safety and/or welfare of the general public, public property, private property or utility wires or other infrastructure.
HAZARDOUS TREE
A Tree that is likely to create hazardous conditions on roadways or sidewalks or to cause imminent danger to the health, safety and/or welfare of the general public, public property, private property or utility wires or other infrastructure.
LAND USE REGULATORY AUTHORITY
Any body or authority responsible for the regulation of land use in the City of Norwalk, including, but not limited to, the Conservation Commission, the Planning and Zoning Commission and the Zoning Board of Appeals.
LEGACY TREE
Any Tree as determined by the Legacy Tree Program established pursuant to § 112-5, Legacy Tree Program, below to be of unique and intrinsic value to the general public because of its size, age, historic association, ecological importance or aesthetic value.
PERSON
Any individual, firm, partnership, association, company, trust, corporation, or organization of any kind.
PRUNING (TRIMMING)
To cut off or Remove dead or living parts or branches of a Tree or Shrub performed by an arborist licensed in the State of Connecticut.
PUBLIC PLACE
Any space owned and/or controlled by the City, including, but not limited to, the Right-of-Way, property operated or controlled by the Norwalk Board of Education or the Norwalk Housing Authority and any space in a City park.
PUBLIC UTILITY (or language of similar import)
A "public service company," as defined in Connecticut General Statutes § 16-1(a)(3), as amended from time to time.
REMOVE
To cut down a Tree or Shrub or to take any other action that will, in the sole and absolute judgment of the Tree Warden, cause a Tree or Shrub to die within a five-year period.
REQUIRED TREE
Any Tree required to be planted or maintained as part of an approval by any Land Use Regulatory Authority or under the terms of any deed, easement, agreement or other document relating to the sale, lease or other disposition of any property owned by the City or any municipal body or authority.
RIGHT-OF-WAY
The area between street lines reserved for a street. Included in this area may be the travelled way, shoulder, median, bicycle facilities, planting strip, footpaths and sidewalks. Right-of-width shall be measured at right angles to or radial to the center line of the street.
SHRUB
Woody plants, usually branched from the base, generally less than 15 feet tall when mature.
STREETSCAPE TREE
Any Tree or Shrub on public and/or private property with a base that originates, in whole or in part, in the Right-Of-Way and, in the sole and absolute judgment and/or discretion of the Tree Warden, serves as part of the Tree line of a street.
TREE
Any living woody, self-supporting plant that has a distinct elevated crown and defined main stem or trunk, with a DBH of at least two inches.
TREE INVENTORY
A recording of the size, condition, location, and species of all public and Streetscape Trees and of all planting locations without a Tree that could reasonably accommodate a public or Streetscape Tree.
TREE MASTER PLAN
A long-range strategic plan adopted by the City that outlines policies, goals, standards, and recommended actions for managing, protecting, and enhancing the Urban Forest. The plan may include Tree canopy goals, planting priorities, species diversity guidelines, maintenance standards, and strategies for community engagement and climate resilience. It shall be referenced by all City departments in activities that affect Trees on public property or in the Tree canopy.
TREE STEWARDSHIP PROGRAM
The City's community engagement program, administered by the Tree Warden, or their designee, in coordination with the Urban Forestry Commission, to encourage volunteer participation in the care, protection, and expansion of the Urban Forest. The program shall, among other things, promote proper Tree planting and maintenance practices, provide opportunities for residents to serve as volunteer stewards of public Trees, and foster community partnerships that support the long-term health and sustainability of the City's Tree canopy.
TREE WARDEN
The individual vested with all powers and duties authorized under Connecticut General Statutes § 23-59, as amended from time to time, for the care, control, Pruning, and Removal of Trees and Shrubs in Public Places within the City.
URBAN FOREST
All Trees, Shrubs, and associated vegetation within the City, including those located on public and private property, along streets and Rights-Of-Way, school grounds, cemeteries and natural areas.
A. 
The Mayor shall designate a Tree Warden.
B. 
The Tree Warden is hereby authorized to administer and enforce this Chapter. The Tree Warden shall have the powers, duties and authorization prescribed in the Connecticut Public Shade Tree Statutes, particularly Connecticut General Statutes §§ 23-58, 23-59, 23-60 and 23-65, as each may be amended from time to time, and those powers and duties as described in this Chapter. The Tree Warden shall have full power and authority over all Trees and Shrubs located within Public Places and, to the extent provided herein, on private property.
C. 
The Tree Warden, or their designee, shall prepare all permits, procedures, and documents necessary under this Chapter and shall maintain accurate records of all activities conducted. Upon request, but no less frequently than annually, the Tree Warden shall provide a report on such activities to the Mayor and the Common Council.
D. 
The Tree Warden shall be advised by the Urban Forestry Commission established pursuant to § 112-4, Urban Forestry Commission, below.
E. 
The Tree Warden, or their designee, shall determine whether any specific plant shall be considered a Tree or Shrub and whether a Tree or Shrub is a Hazardous Tree or Hazardous Shrub, and is hereby authorized to Remove or Prune the same in accordance with this Chapter and the Connecticut General Statutes.
F. 
The Tree Warden shall determine the Assessed Value of any Tree or Shrub for purposes of this Chapter.
G. 
The Tree Warden shall conduct or cause to be conducted an assessment of the Tree canopy of the City, which may include a description of the Tree canopy and a description of the extent and condition of Trees in the City, including those on private property, in parks, and other Public Places. This assessment of the Tree canopy may include a Tree Inventory. When completed, such assessment shall be available to the public and shall be updated at least every 10 years.
H. 
The Tree Warden shall have the authority to issue citations for violations of this Chapter.
I. 
Removal of a City Tree, City Shrub or Required Tree shall be permitted only if authorized by the Tree Warden or their designee.
J. 
The Tree Warden shall recommend a budget for expending the available funds in the Norwalk Tree Account pursuant to this Chapter.
A. 
The Urban Forestry Commission shall be composed of five members nominated by the Mayor and approved by the Common Council. Each of the members shall be an elector of the City. The Mayor shall designate one of the members as Chair. Each member of the Urban Forestry Commission shall be appointed for a term of three years and until their successors are appointed and qualified, and terms shall be staggered. The terms of the initial members shall be as follows: two members with terms to expire July 1, 2027; one member with a term to expire July 1, 2028; and two members with terms to expire July 1, 2029. Thereafter, the terms for all members shall be for three years. If a member shall for any reason cease to serve as such in advance of the end of their term, a replacement shall be appointed to complete such term in the manner prescribed in this section. Members shall serve without compensation. The Tree Warden, or their designee, shall serve as an ex-officio non-voting member of the Urban Forestry Commission. The Chief of Operations and Public Works may also assign additional City staff and stakeholders to the Commission as non-voting advisors as needed.
B. 
The Urban Forestry Commission shall support the protection, expansion, and sustainable management of the Urban Forest, including Trees, Shrubs and green spaces throughout the City. The duties of the Urban Forestry Commission shall include, but not be limited to:
(1) 
Advising City staff on and promoting the implementation of the Tree Master Plan and regularly reviewing and recommending updates to ensure continued progress toward the City's Tree canopy targets;
(2) 
Advising City staff on Tree and Shrub-related policies, including best practices, planting and maintenance standards, and Urban Forestry strategies in coordination with the Tree Warden and City staff;
(3) 
Leading and promoting the Norwalk Tree Stewardship Program, including volunteer coordination, identifying community planting sites, and encouraging care and maintenance of public Trees in neighborhoods; and
(4) 
Supporting outreach, education, and community events such as Arbor Day celebrations and community planting days that support and promote the purposes and intent of this Chapter.
C. 
The Commission shall support City efforts to equitably expand the Tree canopy by promoting Tree planting and care in low-canopy neighborhoods, in alignment with goals and data referenced in the Tree Master Plan.
D. 
The Commission shall annually review progress reports and data provided by City staff regarding Tree planting, canopy change, and program outcomes. The Commission may provide written feedback or recommendations for future urban forestry priorities.
E. 
The Commission may conduct research, studies and provide recommendations for grant opportunities.
F. 
The Chair of the Commission shall provide the Mayor and Common Council with an annual report of the Commission's accomplishments and goals, no later than December 15 of each calendar year.
G. 
In no event shall the acts or proposed acts of this Commission conflict with the lawful designated duties of any other body or commission of the City.
A. 
The Tree Warden, after consultation with the Urban Forestry Commission, shall establish and maintain a Legacy Tree Program to recognize, preserve, and promote Trees of exceptional value to the City based on size, history, and public significance.
(1) 
A Tree may be designated as a Legacy Tree if, in the judgment of the Tree Warden, it meets or exceeds a species-appropriate DBH threshold and possesses characteristics of exceptional value, such as historical or cultural significance, outstanding size or form, community or aesthetic importance, or ecological rarity.
(2) 
Any resident, property owner, City department, or organization may nominate a tree for Legacy Tree designation using a standard form provided by the City. The Tree Warden shall evaluate the nominated Tree's condition and confirm that it meets the established criteria. Upon confirmation, the proposed designation shall be presented to the Urban Forestry Commission for approval at a regular or special meeting. If approved, the Tree shall be added to the City's Legacy Tree Registry.
B. 
A Tree may be removed from the Legacy Tree Registry at the discretion of the Tree Warden if the Tree dies, poses a public hazard, or no longer meets the minimum criteria due to decline or loss of significance. All such removals shall be approved by the Urban Forestry Commission based on supporting documentation from the Tree Warden. The City shall maintain a Legacy Tree Registry, documenting all designated Legacy Trees, along with relevant details such as species, location, DBH, and designation date. This registry shall be made publicly available in a format determined by the Tree Warden.
A. 
To contribute to the Urban Forest of Norwalk, members of the public shall be encouraged to support the planting of Trees or Shrubs in Public Places and in areas which fill in gaps in the Tree line in or near the Right-Of-Way, provided that they follow the procedures outlined in this Chapter.
B. 
Any Person wishing to plant a Tree or Shrub in a Public Place shall apply in writing for a permit to the Tree Warden prior to taking such action. The application shall include a Tree and/or Shrub planting and maintenance plan, specifying the size, species and location of all new Trees and/or Shrubs, as well as a plan for the maintenance of the Tree or Shrub for a period of not less than two years from the date such Trees or Shrubs are planted and the Person responsible therefor.
C. 
After reviewing such application and conducting a site inspection, the Tree Warden shall determine whether such action is in the best interest of the Urban Forest and shall notify the applicant of the decision in writing within 30 days of receipt of a complete application.
D. 
Once such a Tree or Shrub is planted in a Public Place, the Tree or Shrub shall become the property of the City of Norwalk after the maintenance period specified in Subsection B of this section has expired.
E. 
The Tree Warden, or their designee, shall report to the Urban Forestry Commission on a quarterly basis the details of all applications approved in accordance with this section, including the size, species and location of all new Trees and Shrubs planted and the Person(s) responsible for the maintenance thereof. New Trees shall be added to the Tree Inventory maintained by the City.
F. 
Whenever any Tree or Shrub is planted in any Public Place in violation of this Chapter or any permit issued hereunder, the Tree Warden may order the property owner or Person responsible to Remove such Tree or Shrub. If the property owner or Person responsible fails to Remove the Tree or Shrub within a period of 30 days after such order, the Tree Warden shall Remove or cause the Removal thereof, or may take such action deemed necessary to rectify such improper planting, and the cost thereof shall be charged to the property owner and/or the Person responsible for the improper planting.
A. 
No Person shall Alter or Damage a City Tree, City Shrub or Required Tree. No Person shall Prune a City Tree, City Shrub or Required Tree without a permit from the Tree Warden.
B. 
Any Person wishing to Prune a City Tree, City Shrub or Required Tree shall apply in writing for a permit to the Tree Warden prior to taking such action. Each application to Prune a City Tree, City Shrub or Required Tree shall be subject to a fee established in accordance with § 90-4, Approval of rates and fees.
C. 
After reviewing such application and conducting a site inspection, the Tree Warden shall determine whether such action is in the Best Interest of the Urban Forest and shall notify the applicant of the decision in writing within 30 days of receipt of a complete application.
D. 
Any Person who violates the provisions of this section shall be subject to a fine up to $250 per City Tree, City Shrub or Required Tree, per violation. The Tree Warden or their designee shall have the authority to issue a citation for violations. Notwithstanding the foregoing, if the Tree Warden determines in their sole and absolute judgment that any Person has pruned, Altered or Damaged a City Tree, City Shrub or Required Tree so severely that it is not likely to survive, that Person shall replace such Tree or Shrub in accordance with § 112-10, Tree or Shrub replacement, below.
A. 
No Person shall Remove a City Tree, City Shrub or Required Tree without a permit from the Tree Warden, except for any Removal that has been permitted pursuant to the applicable provisions of Connecticut General Statutes § 23-65, as amended from time to time. To grant permission to any other Person to Remove a City Tree, City Shrub or Required Tree, the Tree Warden must determine, within 30 days of receiving a complete application, that 1) the Tree and/or Shrub is in poor health or diseased, 2) the Tree and/or Shrub's Removal is unavoidable because the Tree and/or Shrub poses a threat to human health, safety, and welfare, or 3) the negative impact on the Urban Forest caused by the Tree and/or Shrub's Removal can be mitigated.
B. 
Any Person wishing to Remove a City Tree, City Shrub or Required Tree shall apply in writing for a permit to the Tree Warden. Such application shall contain 1) written proof that the applicant has notified property owners of land that abuts or is directly across the street from the affected Tree(s) and/or Shrub(s), and the appropriate Land Use Regulatory Authority, that they have applied for a Tree and/or Shrub Removal permit by a written notice delivered within three business days of the date of said application, and 2) a replanting plan setting forth the manner in which the applicant intends to comply with the provisions of § 112-10. Tree or Shrub replacement, below (the "Replanting Plan"). Each application shall be subject to a fee established in accordance with § 90-4, Approval of rates and fees.
C. 
After reviewing such application and conducting a site inspection, the Tree Warden shall determine 1) whether Removal of the City Tree, City Shrub and/or Required Tree is in the best interest of the Urban Forest and 2) whether the Replanting Plan complies with the provisions of § 112-10. Tree or Shrub replacement, below. The Tree Warden shall notify the applicant of their decision in writing within 30 days of receipt of a complete application.
D. 
The permit for the Removal of any City Tree or Required Tree with a DBH of six inches or more shall be posted by the Tree Warden, or their designee, on the affected Tree(s) at least 10 days prior to such Removal. The 10-day period shall commence from the date of such posting. The Tree Removal posting shall be in the form of a brightly colored sign at least 8 1/2 inches by 11 inches in bold, clearly printed lettering able to be seen from the street which provides the name, address and phone number of the Tree Warden in the event that there is an objection to the Removal of the Tree(s).
E. 
In addition to any penalties provided in § 112-13, Enforcement, below, any Person who Removes a City Tree, City Shrub or Required Tree without a permit shall replace the City Tree, City Shrub or Required Tree in accordance with § 112-10, Tree or Shrub replacement, below.
A. 
Property owners and other Persons responsible for construction and excavation projects in whole or in part within the Drip Line of any City Tree or Required Tree shall adhere to all relevant provisions of the latest edition of the American National Standards Institute, Inc., Standards for Tree Care Operations — Tree, Shrub, and Other Woody Plant Maintenance — Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction), or any successor standards commonly accepted in the field of arboriculture, for the duration of the construction or excavation project. A copy of these standards shall be available to the public in the Tree Warden's office.
B. 
The Tree Warden or their designee shall have the authority to issue a citation to a property owner and other Person responsible, in the amount of $250 per day, per City Tree or Required Tree affected, for each instance of an action inconsistent with the Tree care standards referred to in this section.
C. 
Any Person found in violation of this section for which the Tree Warden determines there is substantial danger of Damage to a City Tree or Required Tree shall post a five-year bond in the amount of the Assessed Value of such Tree. Such bond shall be forfeited if the Tree Warden determines that the Tree is dead or moribund within the five-year period.
A. 
A property owner or other Person responsible for the replacement of a City Tree, City Shrub or Required Tree pursuant to this Chapter shall follow the provisions of this section.
B. 
The acceptable methods of replacement for a City Shrub are:
(1) 
Replacement of the City Shrub with a comparable Shrub, as determined by the Tree Warden in their sole and absolute judgment, at the location of the City Shrub being replaced or at a different location identified or approved by the Tree Warden; or
(2) 
A payment to the Norwalk Tree Account, established in accordance with this Chapter, in the amount of the City Shrub's Assessed Value.
C. 
The acceptable methods of replacement for a Tree other than a Legacy Tree are:
(1) 
Replacement of the City Tree with a Tree of equal or greater DBH at the location of the City Tree being replaced or at a different location identified or approved by the Tree Warden;
(2) 
An inch-for-inch replacement of the City Tree with a number of replacement Trees with DBH of three inches or more totaling the DBH of the original City Tree at a location or locations identified or approved by the Tree Warden. For example, if a City Tree with a DBH of 24 inches is Removed, it may be replaced with six Trees with DBHs of four inches; or
(3) 
A payment to the Norwalk Tree Account, established in accordance with this Chapter, in the amount of the Tree's Assessed Value.
D. 
The acceptable method of replacement for a Tree that has been designated as a Legacy Tree is:
(1) 
Replacement of the Legacy Tree with a number of replacement Trees with DBH of three inches or more totaling four times the DBH of the original Tree at a location or locations identified or approved by the Tree Warden; or
(2) 
A payment into the Norwalk Tree Account of four times the Assessed Value of the Legacy Tree.
E. 
Any replacement Tree planted in accordance with this section must be maintained by the Person responsible for a period of at least five years from the date of planting. The Person responsible, or the property owner if there is no Person responsible, shall replace any Tree that dies during this time period with a Tree of equal of greater DBH, and such replacement Tree shall be maintained by the Person responsible for a period of at least five years from the date of planting of the replacement Tree.
A. 
There is hereby established an account known as the "Norwalk Tree Account." Such account is established under authority of the Connecticut General Statutes for the exclusive purpose of funding activities that implement or promote the purposes of this Chapter, including, but not limited to, Tree canopy and inventory assessments, creation of master Tree plans, and other reports consistent with best practices for Urban Forestry management.
B. 
The principal of the Norwalk Tree Account shall consist of the following:
(1) 
All fines, processing fees, payments in lieu of planting, and other monies collected pursuant to this Chapter, other than legal fees and costs collected pursuant to § 112-13, Enforcement, below;
(2) 
All gifts and grants from any source, public or private, made to the City and designated for Trees or Shrubs or improvements to the Urban Forest;
(3) 
Any funds from any source designated by the Common Council to be added to the account; and
(4) 
All investment income earned by the account.
C. 
Expendable funds in the account may be spent for the purposes authorized by this section upon recommendation of the Mayor and with the approval of the Common Council. Expenditures may be made as follows:
(1) 
All funds received by the account under Subsection B(1) of this section shall be used only for the purchase and planting of Trees or Shrubs.
(2) 
Any restricted funds received by the account shall be expended in accordance with such restrictions.
(3) 
At least half of the remaining unrestricted funds shall be expended for the purchase and planting of Trees or Shrubs.
(4) 
All other unrestricted funds may be spent for any activity that is consistent with the purpose of the account.
D. 
Any budget proposed by the Mayor or approved by the Common Council, and any appropriation made for the purchase and planting of Tree or Shrubs, must not be reduced, ratably or otherwise, in consideration of any funds in the account. Expenditures from the account shall add to and not replace budgets and appropriations which also serve the purposes of the account.
E. 
Any remaining investment income shall be held in reserve for future transfer and appropriation.
A. 
The Tree Warden shall monitor the work of all Public Utilities to ensure that such work does not adversely affect any Tree or Shrub in any Public Place. Each Public Utility proposing to conduct Tree and/or Shrub Alteration or removal activities in any Public Place shall present an annual work plan to the Tree Warden that includes the following items:
(1) 
City Map showing all area(s) designated for Tree and/or Shrub Alteration or Removal work.
(2) 
Tree removal list, identifying all Trees and Shrubs that are proposed for Removal.
(3) 
Name and phone number of licensed arborist(s) performing such work.
(4) 
Name and phone number of Public Utility contact Person supervising such work.
(5) 
Tree and/or Shrub replacement commitment; replacement determined at the discretion of the Tree Warden.
B. 
Such Public Utility work plan shall be submitted to the Tree Warden at least 30 days prior to the start of any activity by said Public Utility. The Tree Warden shall review, modify and approve such plan within 30 days from date of receipt, unless extended by either party. This section shall not apply to emergency and public hazard work specifically exempted under § 112-14 Exemptions, below.
A. 
Any Person who violates any of the provisions of this Chapter shall be notified by the Tree Warden of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall explain the nature of the violation and shall provide a reasonable time period within which compliance must be achieved.
B. 
Upon verbal or written notice from the Tree Warden that work is being performed contrary to any provision of this Chapter, such work shall be immediately stopped by the Person doing the work. Within seven days of any verbal or written notice, a stop-work order shall be provided to the owner of the subject lot, or to the owner's agent, or to the Person doing the work, and the stop-work order shall state the conditions under which work is permitted to resume. Any Person who continues work after having been served with a stop-work order, except such work as that Person is directed by the Tree Warden or other City officials to perform to remove a violation or unsafe condition, shall be liable for a daily fine established in accordance with § 90-4, Approval of rates and fees, per violation, per Tree or per Shrub affected.
C. 
Notwithstanding any other provision of this Chapter, if the Tree Warden determines that any violation of this Chapter was willful, the Person responsible shall be liable for a civil penalty of up to three times the Assessed Value of each affected Tree or Shrub.
D. 
Whenever there is reasonable cause to believe that a Person is violating any provision of this Chapter, the City may institute a civil action in a court of competent jurisdiction for a mandatory or prohibiting injunction ordering the defendant to either correct or cease the unlawful use of the property.
E. 
In addition to any fines hereunder, any Person who is found to have violated any provision of this Chapter shall be responsible to the City for any legal fees and costs that may be incurred by the City in the enforcement of this Chapter.
F. 
Each failure to replace a Tree or Shrub or make a payment into the Norwalk Tree Account or to post and maintain a bond in accordance with this Chapter, or to follow any of the provisions of this Chapter, shall constitute a separate violation of this Chapter for which there shall be a fine established in accordance with § 90-4, Approval of rates and fees. Each day such violation continues shall constitute a separate offense.
G. 
The Chief of Operations and Public Works or their designee, the Tree Warden, and employees of the Department of Operations and Public Works are hereby authorized to enforce the provisions of this Chapter.
This Chapter shall not apply to any Alteration or Damage to a Tree or Shrub that has been: 1) ordered or authorized by the Tree Warden or other officials of the City on an emergency basis because the Tree or Shrub is a Hazardous Tree or Hazardous Shrub that represents so immediate a hazard to public safety or structure integrity that Alteration or Damage cannot be deferred and that such Hazardous Tree or Hazardous Shrub cannot be protected, secured, or stabilized by reasonable temporary measures; or 2) otherwise properly permitted and/or authorized in accordance with applicable state law or regulation.
Any Person objecting to any decision of the Tree Warden under this Chapter may file a written appeal to the Tree Warden who shall schedule a public hearing and shall post a public hearing notice, including the scheduled time, date and location of such hearing, on the affected Tree(s) or Shrub(s), if appropriate. Within three business days of such hearing, the Tree Warden shall render a decision granting or denying such appeal. Any Person aggrieved by the Tree Warden's decision may appeal such decision within 10 days to the Superior Court for the Stamford/Norwalk Judicial District.