HomeMy WebLinkAbout20052262.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION,2005,WELD COUNTY,COLORADO-ADJUST VALUE
IN PART
PETITION OF: PHILLIPS DARRELL G & KAREN L
PO BOX 483
PLATTEVILLE, CO 80651
DESCRIPTION OF PROPERTY: ACCOUNT#: R0240594 PARCEL#: 121118318002 - PVI
PS1-2 L2 BLK1 POIROTS SUB SITUS: 105 DIVISION BLVD PLATTEVILLE 806510000
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as
the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the
assessment and valuation of real and personal property within Weld County, fixed and made by
the County Assessor for the year 2005, and
WHEREAS, said petition has been heard before the County Assessor and due Notice of
Determination thereon has been given to the taxpayer(s), and
WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's
valuation for the year 2005, claiming that the property described in such petition was assessed too
high, as more specifically stated in said petition, and
WHEREAS, said petitioner not being present or represented, and
WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances
and is now fully informed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, acting as the Board of Equalization,that the evidence presented at the hearing supported,
in part, the value placed upon the property by the petitioner. The assessment and valuation of the
Weld County Assessor shall be, and hereby is, adjusted as follows:
ACTUAL VALUE
AS DETERMINED ADJUSTED
BY ASSESSOR ACTUAL VALUE
Land $ 23,269 $ 23,269
Improvements OR
Personal Property 220,000 201,731
TOTAL $ 243,269 $ 225,000
2005-2262
AS0061
(Kt : 4-S fi&7-- moo- -
RE: BOE - PHILLIPS DARRELL G & KAREN L
Page 2
BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of
Equalization may be appealed by selecting one of the following three options; however, said appeal
must be filed within thirty (30) days of this resolution:
1. Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals
(BAA). Such hearing is the final hearing at which testimony, exhibits, or any
other evidence may be introduced. If the decision of the BAA is further
appealed to the Court of Appeals, only the record created at the BAA hearing
shall be the basis for the Court's decision. No new evidence can be introduced
at the Court of Appeals. (Section 39-8-108(10), C.R.S.)
Appeals to the BAA must be made on forms furnished by the BAA, and
such appeals should be mailed or delivered within thirty (30) days of
denial by the CBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: (303) 866-5880
Fees: A taxpayer representing himself is not charged for the first two appeals to the
Board of Assessment Appeals; however, a taxpayer being represented by an agent
or an attorney must submit a fee of$101.25 per appeal.
OR
2. District Court: You have the right to appeal the CBOE's decision to the District
Court of the county wherein your property is located. New testimony, exhibits
or any other evidence may be introduced at the District Court hearing. For filing
requirements, please contact your attorney or the Clerk of the District Court.
Further appeal of the District Court's decision is made to the Court of Appeals
for a review of the record. (Section 39-8-108(1), C.R.S.)
OR
3. Binding Arbitration: You have the right to submit your case to arbitration. If
you choose this option the arbitrator's decision is final and your right to appeal
your current valuation ends. (Section 39-8-108.5, C.R.S.)
Selecting the Arbitrator: In order to pursue arbitration, you must notify the
CBOE of your intent. You and the CBOE select an arbitrator from the official list
of qualified people. If you cannot agree on an arbitrator, the District Court of the
county in which the property is located will make the selection.
2005-2262
AS0061
RE: BOE - PHILLIPS DARRELL G & KAREN L
Page 3
Arbitration Hearing Procedure: Arbitration hearings are held within sixty days
from the date the arbitrator is selected. Both you and the CBOE are entitled to
participate. The hearings are informal. The arbitrator has the authority to issue
subpoenas for witnesses, books, records, documents and other evidence. He
also has the power to administer oaths, and all questions of law and fact shall
be determined by him.
The arbitration hearing may be confidential and closed to the public, upon
mutual agreement. The arbitrator's written decision must be delivered to both
parties personally or by registered mail within ten (10) days of the hearing.
Such decision is final and not subject to review.
Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the OBOE. In the case of residential real property, such fees and
expenses cannot exceed$150.00 per case. The arbitrator's fees and expenses,
not including counsel fees, are to be paid as provided in the decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
♦ WELD COUNTY, COLORADO
�;.
1861t
g� William H. Jerke, Chair
�.yicrCi6 n lerk to the Boar.
EXCUSED
el „
�rm� M. J. Geile, Pro-Tem
puty Clerk to t e Board EXCUSED
Da o g� �
APPR AS TO F
Robert Masden
,Assieta t-eounty Attorney A ��/ia3
�
Glenn Vaad s J
Date of signature:
2005-2262
AS0061
NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
a PVI PS1-2 L2 BLK1 POIROTS SUB cREELEY,OO80631
SITUS : 105 DIVISION BLVD PHONE(970)353-3845,EXT.3650
PLATTEVILLE 806510000 www.co.weld.co.us
WIIDci OWNER: PHILLIPS DARRELL G & KAREN L
COLORADO
PHILLIPS DARRELL G & KAREN L LOG 2327
PO BOX 483 PARCEL 121118318002
ACCOUNT R0240594
PLATTEVILLE, CO 80651 YEAR 2005
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor hasslgterminet1 that
your property should be included in the following category(ies):
If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget
hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings.
The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the
valuation(s)assigned to your property. The reasons for this determination of value are:
After review of your ropert , we have made adjustments . This was done because
of additional information obtained, or provided thru the appeal process .
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
•
OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AFTER REVIEW
COMMERCIAL 278828 243269
TOTALS $ $ 278828 S243269
APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 20.
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration. §39-8-
106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
By: Stanley F. Sessions 06/24/2005
WELD COUNTY ASSESSOR DATE
ADDITIONAL INFORMATION ON REVERSE SIDE
PR-207-87/03
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR' S DECISION ' 7 0�3
The County Board of Equalization will sit to hear appeals beginning July I and continuing through August 5 for real
property (land and buildings) and personal property (furnishings, machinery, and equipment). § 39-8-104 and § 39-
8-107(2), C.R.S.
APPEAL PROCEDURES:
If you choose to appeal the Assessor' s decision, mail or deliver one copy of this completed form to the County
Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED
ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY.
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970)356-4000 Ext. 4225
NOTIFICATION OF HEARING:
You will be notified of the time and place set for the hearing of your appeal.
COUNTY BOARD OF EQUALIZATION' S DETERMINATION:
The County Board of Equalization must make a decision on your appeal and mail you a determination within five
business days of that decision. The County Board must conclude its hearings and render decisions by August 5.
TAXPAYER RIGHTS FOR FURTHER APPEALS:
If you are not satisfied with the County Board of Equalization' s decision you must file within thirty days of the
County Board of Equalization' s written decision with ONE of the following:
Board of Assessment Appeals (BAA):
Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880.
www.dola.colorado.t;ov/baa
District Court:
9th Avenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone (970) 356-4000, Ext. 4520
Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970) 356-4000, Ext. 4225
If you do not receive a determination from the County Board of Equalization, you must file an appeal with the
Board of Assessment Appeals by September 12.
TO PRESERVE YOUR APPEAL RIGHTS,YOU MUST PROVE YOU HAVE FILED A TIMELY
APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF
OF MAILING.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor' s valuation. IN ACCORDANCE WITH §
39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR
OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as
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Zoning—Special Use Permits Section 16-8-20
(1) Review by Board of Tn.. it:es. The Planning Sec. 16-8-50. Violation; hearing procedure;
Commission shall transmit its r.c ommendation and appeal; penalty.
findings of fact to the Board of Trustees within
twenty (20) days after its public ]searing concludes. (a) Hearing procedure. No person shall violate
The Board of Trustees shall re• few the recommen- any condition or provision of a special use permit.
dations of the Planning Corn-t ssion at its next In the event the Town believes that any condition or
regular meeting following rec;ilpt thereof. The provision of a special use permit has been violated, a
Board of Trustees shall approve and adopt said rec- hearing shall be scheduled before the Planning
ommendations unless it finds chat the Planning Commission to determine if such a violation has
Commission did not correctly apply the criteria occurred or is occurring. Notice of the hearing shall
stated in Subsection (d) above If the Board of be sent to the owner and operator of the special use
Trustees finds that the Plannnnl Commission failed by certified mail, return receipt requested, not less
to apply said criteria correctly is shall enter such than fifteen(15) days prior to the scheduled hearing.
orders as are consistent with 1: if same. hi either The hearing shall be conducted by the Planning
event, the Board of Trustees !lily add, delete or Commission in accordance with the provisions of
amend any conditions of appro al authorized under Section 16-8-20 of this Chapter.
Subsection (e) above. (Prior co It 15-8-2; Ord. 532,
2001) (b) Appeal. In the event the Planning Commis-
sion finds that the owner or operator of the special
Sec. 16-8-30. Recording spec:l d use permits. use has violated a condition or provision of a special
use permit, the owner or operator may appeal such
Upon approval by the Boar I of Trustees of an finding to the Board of Trustees by filing an appli-
application for a special use pe n it, the Town shall cation for appeal within seven (7) days of the date
issue the special use permit a,x the Town Clerk such findings were made. The Board of Trustees
shall file the original special s., permit with the shall review the record of the proceedings before the
County Clerk and Recorder. B .f ire the special use Planning Commission and shall sustain its findings
permit is issued, the applicant sl a pay all costs and and orders unless it determines that the Commission
expenses to be incurred by the I own in reviewing abused its discretion or exceeded its jurisdiction.
and recor t. Prior c)de 15-8-3)
•
Sec. 16-8-40. Abandonment c I special use. (c) Penalty. In the event the Planning Commis-
sion, or the Board of Trustees upon appeal, finds that
In the event the holder of special use perm the owner or operator of a special use has violated
fails to operate the special use for a period of one any condition or provision of the special use permit,
hundred eighty (180) consecut VI: days, the special it shall impose a penalty in accordance with an
use shall be deemed to have lean abandoned, the amount to be determined from time to time by
right to operate or conduct the credal use shall be resolution of the Board of Trustees and set forth in
immediately terminated and th : special use permit Appendix A to this Code. In addition, the owner or
f
shall be void and of no further f'ect. The shutting- operator of the special use shall reimburse the Town
in of an oil or gas well does n( ;onstitute an aban- for its reasonable costs incurred in investigating,
donment or the purposes of h s Section. (Prior reviewing, preparing, presenting and hearing the
code f o) / violation. Reasonable costs shall include the time,
calculated at an hourly rate, spent by the Town's
staff and consultants, including the Town Attorney,
in connection with the violation. (Prior code 15-8-5;
Ord. 532,2001)
16-48
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