Appealing an Administrative Citation

You have the right to appeal any notice of violation, order to comply, or administrative citation issued by the Denver Department of Public Health & Environment (DDPHE) if you believe that the notice, order, or citation was issued incorrectly or that you did not violate an ordinance or regulation. You may appeal by filing a petition for review with the Board of Public Health & Environment.

Here you will find additional information and answers to frequently asked questions about appealing an administrative citation.

How To File a Petition for Review

You must email, mail or hand-deliver a written petition to:

The Board of Public Health & Environment

201 W Colfax Ave.,

8th Floor - DDPHE

Denver, Colorado 80202,

Attn: Administrative Hearing Case Manager

A filing fee of $25.00 is required, payable to the Manager of Finance. If mailed, the filing fee must be paid by check or money order. If hand delivered, the filing fee must be the exact amount (no change available). The filing fee is non-refundable, even if the citation is dismissed on appeal. You must submit your petition and filing fee within 30 days of the date the notice, order, or citation was served. You are served with a citation on the date that it was either personally delivered to you by an enforcement official or the date on the Administrative Citation letter that you received in the mail.

No particular form is required, but a petition must:

  1. Be in writing.
  2. Include payment of the non-refundable filing fee (as noted above).
    Cash, check, or money order will be accepted. If you pay by check, the check must be filled out correctly: in the correct amount; properly dated; made payable to the Manager of Finance; and signed by the authorized account holder. You may ONLY pay by credit card if payment is done in person.
  3. Include the information required in the Board Rules and Regulations Governing Hearings(PDF, 713KB):
  • A copy of the notice of violation, order to comply, or administrative citation. Do not include the original. Keep the original for yourself.
  • Your full name, mailing address (and email if available), and telephone number.
  • If you have legal representation, the name, mailing address (and email if available), and telephone number of that representative
  • The Denver Revised Municipal Code provision(s) and, if any, the rule or regulation at issue; the dollar amount in controversy; and the time during which the matter at issue accrued or occurred.
  • Your statement of any factual or legal errors on which you are basing your appeal. This statement is your written explanation of why you don’t think you violated the ordinance cited.
  • Your statement of the type of relief requested. This is your statement of what it is that you want the Board to do about your citation
  • If appropriate, any exhibits (including any drawings, floor plans, or pictures) supporting your position.
  • Your signature.

Frequently Asked Questions

What if I need more time to file?

An appeal must be timely. No extensions of time will be granted. If you do not file a petition to review with the Board of Public Health and Environment within the thirty (30) days, your appeal will be denied. You will have forfeited your right to appeal and the civil penalty assessed in the Administrative Citation will become immediately due and payable.

What if I don’t include all that’s required in a petition for review?

If you don’t include all the required information, your appeal will be denied. Board of Public Health and Environment will send you a denial letter noting the deficiencies in your petition.

If time is remaining in the thirty (30) day appeal period, you may reapply by correcting any deficiencies in your petition and filing again within the time remaining in the thirty (30) day period.

If you don’t re-file with a corrected petition or within the time remaining, you will have forfeited your right to appeal and the civil penalty assessed in the Administrative Citation will become immediately due and payable.

What happens after I file a petition for review?

Once a correctly filed petition is timely received by Board of Public Health & Environment, the Board will assign the appeal to an Administrative Hearing Officer (AHO) to hear the matter. A hearing date will be set. You will be given notice of when to appear to present your appeal at this hearing.

Where will the hearing take place?

All hearings are held virtually via Microsoft Teams.

What if I need to reschedule a hearing?

If you need to change the hearing date that has been sent to you, you must notify the Board in writing at least two (2) business days prior to your scheduled hearing date. Either mail or hand-deliver the written request to reschedule to the address noted above.

Can my fine be reduced for complying with any cited violation?

Some citation violations issued by Denver Animal Protection can be reduced or rescinded for demonstrating compliance. Please see the back of your citation or refer to the Rules and Regulations Governing Administrative Citations(PDF, 604KB) for more information.

Paying an Administrative Citation

Administrative citations issued by any division of DDPHE can be paid in the following ways:

By Mail

  • Payments in the form of check or money order can be mailed, along with a copy of the citation to 201 W. Colfax Ave., 8th Floor, Denver, CO 80202.
  • If the citation was issued by Denver Animal Protection, you can mail the payment to Denver Animal Shelter, 1241 W. Bayaud Ave., Denver, CO 80223.

* If using a credit or debit card online or in-person, a 2.5% service fee will apply. 

In Person

  • Citations issued by Denver Animal Protection can be paid in person (via cash, check, money order, credit/debit card) at the Denver Animal Shelter, 1241 W. Bayaud Ave., Denver CO 80223.
  • Citations issued by any other division of DDPHE can be paid in person (via cash, check, money order, credit/debit card) at 201 W. Colfax Ave, 8th Floor, Denver, CO 80202.. 

 

Online

All citations issued by DDPHE can be paid online via credit or debit card. 

Paying online is faster, more convenient, saves postage, and helps the environment through reduced paper and waste costs. You can pay using the following fee-free payment methods: electronic check online, cash or check in-person, and check by mail where offered. If using a credit or debit card online or in-person, a 2.5% service fee will apply in most instances.

 

Contact Us

If you have any questions concerning the appeal process, please contact the Administrative Hearings Case Manager for Board of Public Health & Environment:

 

201 W. Colfax Ave., 8th Floor
Denver, CO 80202

 

Phone: 720-865-5366
Fax: 720-865-5530

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