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HomeMy WebLinkAbout971592.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: SHAFER WILLIAM D & MARCIA JANKE 2305 43 AVE CT GREELEY, CO 80634 DESCRIPTION OF PROPERTY: PIN: R2508286 PARCEL: 095914209008 - GR VHR1-8 L8 BLK1 VIRGINIA HILLS SUB 1ST REPLAT %2305 43 AVE CT% 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 1997, 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 1997, 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 Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property, after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 25,000 Improvements OR Personal Property 117,357 TOTAL ACTUAL VALUE $ 142,357 971592 AS0038 RE: BOE - SHAFER WILLIAM D & MARCIA JANKE 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 30 days of the denial: 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), CRS) Appeals to the BAA must be made on forms furnished by the BAA, and should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 523 Denver, CO 80203 Phone: 866-5880 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), CRS) 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, CRS) 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. 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. 971592 AS0038 RE: BOE - SHAFER WILLIAM D & MARCIA JANKE Page 3 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 CBOE. 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 31st day of July, A.D., 1997. ATTEST: Weld County BY Deputy Clerk to Da e K. Hall APPROVED AS TO FORM: Ass y�>fant Cori tr ty Attorney BOARD OF COUNTY COMMISSIONERS WELD OU NTY7ORAD� GeoE. Baxter, Chair EXCUSED Barbara J. Kirkmeyer W. H. Webster 971592 AS0038 NOTICE OF DENIAL rrn' W1�Yc COLORADO GR VHR1-8 L8 BLK1 VIRGINIA HILLS SUB 1ST REPLAT %2305 43 AVE CT% OWNER: SHAFER WILLIAM D & MARCIA JANKE SHAFER WILLIAM D & MARCIA JANKE 2305 43 AVE CT GREELEY, CO 80634 06/30/1997 CL77, LOG 6595 PARCEL 095914209008 ACCOUNT R2508286 YEAR 1997 OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GREELEY, CO 80631 PHONE (970) 353-3845, EXT. 3650 The appraisal value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): RESIDENTIAL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH. 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 defemination of value are: HOUSE WAS PURCHASED FOR $138,000 IN SEPTEMBER OF 1995. WE THEN TIME TRENDED THIS SALE TO THE APPRAISAL DATE 6/30/96.YOUR VALUE IS LOWER THAN THE TIME TRENDED VALUE. PROPERTY CLASSIFICATION PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW LAND IMPS 25000 117357 25000 117357 TOTALS $ $ 142357 $ 142357 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(I)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal. By: 15-DPT-AR Form PR -207-87/94 WARREN L. LASELL WELD COUNTY ASSESSOR 06/30/1997 DATE ADDITIONAL INFORMATION ON REVERSE SIDE YO The County Board of E property (land and bui11 107(2), C.R.S. N. APPEAL PROCEDU] ' m ta If you choose to appeal o,u;M .Z d.._Jwu1= your right to appeal, yo awW-E I-\jP ,r o REAL PROPERTY, Al w 5 ' Eng N (., de o W & dl ro c0 NOTIFICATION OF (i tie You will be notified of 8 COUNTY BOARD O1 0 + The County Board of Ei CO N business days. The Cot 1 0 r` TAXPAYER RIGHfl V O If you are not satisfied N -Ad County Board of Equali d h 3 °' Contact th ledc o' If you do not receive a d Board of Assessment AT TO PRESERVE APPEAL; THEREFOI OF MAILING. d a V O 0O V Coo # so, rd'b S DECISION Itinuing through August 5 for real luipment) 39-8-104 and 39-8- -d of Equalization. To preserve IR BEFORE JULY 15 FOR >u a determination within five Ile within thirty days of the 03, (303)866-5880. aust file an appeal with the SAVE FILED A TIMELY E MAILED WITH PROOF ATION In the space below, pleas L . ...., , b...., v u16 assessor s valuation. IN ACCORDANCE WITH 39- 8-106(1.5), C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. 9O -C& is o.etzav 0.9 \5: s V se. I ci '1 - areen.assaa °$ I 3 (./OOO. Oooa en..rn a.b ., cre r ctta Qowr yt 5 aciessaaC,. s W $.SL- S. a& -.e c e*cli4-r cmr" ` SIC, (M1 rl]6NEA '� v 21115191 COLORADO CLERK TO THE BOARD PHONE (970) 356-4000 EXT.4225 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 17, 1997 Parcel No.: 095914209008 PIN No.: R2508286 SHAFER WILLIAM D & MARCIA JANKE 2305 43 AVE CT GREELEY, CO 80634 Dear Petitioner(s): The Weld County Board of Equalization has set a date of Thursday, July 31, 1997, at or about the hour of 1:30 p.m., to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor Hearing Room. A number of hearings have been scheduled at this time; peitioners will be asked to sign in with the Clerk upon arrival, and cases will be heard on a first come / first heard basis. You have a right to attend this hearing and present evidence to the Board in support of your petition. The Weld County Assessor or his representative will be present. The Board will make its decision on the basis of the record made at said hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 1997, and mailed to you on or before August 10, 1997. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes, of which you will be allowed 10 minutes for your presentation. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. SHAFER WILLIAM D & MARCIA JANKE - R2508286 Page 2 At least two (2) working days prior to your hearing the Assessor will have available, at your request, the data supporting his valuation of your property. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Donald D. Warden, Clerk to the Board BY: Carol A. Harding Deputy Clerk to the Board cc: Warren Lasell, Assessor Hello