§ 1804S.9. Watershed Violations

Watershed Ordinances for the City of Austin are included in The City of Austin Code of Ordinances, Volume II, Title 25: Land Development Code,

When an Inspector discovers a "Priority" violation of an ordinance requirement, cessation of the Work (The City of Austin Code of Ordinances, Volume II, Article 25-1-441, "Stop Work Order" commonly referred to as "Red Tag") shall occur and immediate corrective action shall be taken by the Owner/Developer or the Contractor.

Priority violations include the following:

1.

The Work is proceeding without an approved permit, without temporary erosion and sedimentation control devices in place or without the conduct of the required on-site pre-construction meeting.

2.

The Work (e.g. clearing, grading, filling) is proceeding beyond the limit delineated on the approved plans and is causing irreparable damage to protected trees and designated natural areas, critical Water Quality Zones, Critical Environmental Features or is causing immediate water quality degradation such as discharging silt from an excavation into a waterway.

All other violations of an ordinance requirement will be considered routine and the Contractor will receive a verbal warning of the condition. If corrective action is not initiated within 24 hours, the Inspector will issue a Written Notice to the Owner/Developer with copies to the Contractor, the Consulting Engineer and the Department of Watershed Protection and Development Services.

If immediate corrective action is not undertaken within 24 hours for priority violations or within 24 hours after the issuance of the Written Notice for routine violations, the Director may initiate legal action and suspend any or all permits issued to the Owner. If corrective action is still not forthcoming, then a lawsuit for an injunction to stop all work may be filed.

When corrective action by the Owner/Developer or the Contractor brings the Work into compliance with the ordinance(s), a Written Notice of that compliance will be issued to the Contractor.