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HomeMy WebLinkAbout20222009.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R6775871 STIPULATION (As To Tax Year 2022 Actual Value) RE PETITION OF : NAME: Earl R Bergland ADDRESS: 13930 Elmore Rd Frederick, CO 80504-9309 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2022 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: PT NW4 30-3-68 LOT B REC EXEMPT RE -4168 2. The subject property is classified as residential. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2022: Total: $537,440 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2022 actual value for the subject property: Total: $514,000 5. The valuation, as established above, shall be binding only with respect to tax year 2022. 6. Brief narrative as to why the reduction was made: Owner supplied costs to cure basement issues 7. Both parties agree that: IZIThe hearing scheduled before the Board of Equalization on 07/28/2022 at 9:00 AM be vacated. ❑A hearing has not yet been scheduled before the Board of Equalization. R6775871 1 aoaa- Q 60 Aso Ia DATED this 13th day of July , 2022 . n / twit /li7laa.t+- j?%�rrvr- l Earl Berg,. IJuI 17, 202212:29 MDT) Petitioner(s) or Agent or Attorney Address: 13930 Elmore rd Longmont Elmore Rd Longmont Colorado 80504 (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone: 303 5641499 Telephone:(970) 336-7235 R6775871 County Deputy Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R6775871 /Bergland Final Audit Report 2022-07-18 Created: 2022-07-13 By: Debra Jakino (djakino@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA5ZRbRUKGjFneaf-Ixr0pinw7eOUHAX7- "R6775871/Bergland" History t Document created by Debra Jakino (djakino@co.weld.co.us) 2022-07-13 - 8:41:19 PM GMT -1P address: 204.133.39.9 E, Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2022-07-13 - 8:43:25 PM GMT t Email viewed by Jason Marini (jmarini@co.weld.co.us) 2022-07-13 - 10:57:17 PM GMT- IP address: 204.133.39.9 6© Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2022-07-13 - 11:06:50 PM GMT - Time Source: server- IP address: 204.133.39.9 El Document emailed to appeals@weldgov.com for signature 2022-07-13 - 11:06:51 PM GMT 5 Email viewed by appeals@weldgov.com 2022-07-13 - 11:07:18 PM GMT- IP address: 204.133.39.9 O0 Document e -signed by Jasonj Marini (appeals@weldgov.com) Signature Date: 2022-07-13 - 11:07:54 PM GMT - Time Source: server- IP address: 204.133.39.9 El Document emailed to dickbergland@gmail.com for signature 2022-07-13 - 11:07:56 PM GMT 5 Email viewed by dickbergland@gmail.com 2022-07-17 - 6:21:22 PM GMT- IP address: 172.58.59.205 651, Document e -signed by Earl Bergland (dickbergland@gmail.com) Signature Date: 2022-07-17 - 6:29:38 PM GMT - Time Source: server- IP address: 172.58.62.250 E. Document emailed to weld-cboe@weldgov.com for signature 2022-07-17 - 6:29:40 PM GMT Powered by Adobe Acrobat Sign t Email viewed by weld-cboe@weldgov.com 2022-07-18 - 2:28:22 PM GMT- IP address: 204.133.39.9 6© Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2022-07-18 - 2:28:43 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2022-07-18 - 2:28:43 PM GMT Powered by Adobe Acrobat Sign From: pebra Jakino To: Chloe White Subject: R6775871 Date: Tuesday, July 12, 2022 4:28:19 PM Debbie Jakino Weld County Assessor's Office Senior Residential/Agricultural Appraiser 1400 N. 17th Avenue, Greeley, CO 80631 Phone Number :970-400-3674 Cell Number : 970-415-1684 Email: c(jakino@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person.or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: dickbergland@gmail.com <dickbergland@gmail.com> Sent: Tuesday, July 12, 2022 3:05 PM To: Debra Jakino <djakino@weldgov.com> Subject: Hi Chloe - I left you a voice mail, but I didn't know if you received this appeal. He sent it to me, but wanted to make sure you also got it. Let me know tomorrow if you need anything else. Thank you and talk to you soon. Deb 2022-2009 Aso 11 *l Carl Ftty Bond or E IVALltalion H`anor v i11 ho hold frO.Yl July 29' lhr441ph Auyu.S 4' el 11 SO 0 SCr.ut ' 0 appal duc•sloo ocrTIohl. Lne Pt,.^, on to the Oou l.r Ocarj O' Equi.zalitrl harm below aid m t 'NS On: nc or tln Yrr n P]G} v' . Ir -drs c"!'Is `:rn. 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(PlOaae itbcil addto-wi'lrcrs hS neoeuiwy and orn sUPPXur'9 4X...11.01-4 C. .41. wmvsnErhlft 17'_. rcnl r' 1. or prat into I'o..ALapfr rto 1111} , ' ;Mi -h krttcr Ot wAher'izBtoeil E-hysEkri by rweity twine. 4naersrpr.ed owner or X11' f' Usn dCGG+HA' &Qglaided ;grove, Wens 7191 tieer1111§IrdPas {tlydhrlad hee9in ony a:'x0n,nnls hertU 9 e If re Er'id corr4bll, g,62 -/J ' reep#Nang Warm:or Sent from my iPhone Isedivalt eft 3q iT 1 NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 WELD COUNTY Date of Notice: 6/30/2022 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R6775871 2022 2325 PT NW4 30-3-68 LOT B REC EXEMPT RE -4168 13930 ELMORE RD WELD PROPERTY OWNER BERGLAND EARL R 13930 ELMORE RD FREDERICK, CO 80504-9309 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW RESIDENTIAL 567,360 537,440 TOTAL 567,360 537,440 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales. 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. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities, Please refer to the reverse side of this notice for additional information. Agent (If Applicable): 15-DPT-AR PR 207-87/17 R6775871 APPEAL PROCEDURES Signature Email Address / County Board of Equalization Hearings will be held from July 28th through August 4th at 1150 O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: www.co,weld.co.us{alpsl/cboe/ To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property -- after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision, The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appear with the Board of Assessment Appeals by September 11, § 39-2-125(1)(e), C.R,S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the properly is located. See your (303) 866-5880 local telephone book for the address and www.ciola coiorada.govlbaa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document fails upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, k 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2020? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cat, a.pr.isJ,, etc.) l ATTESTATION J I, the undersigned owner or agent' of the iroperty identified above, affirm that the statements contained herein and on any attachments hereto are true and complete - .l1/ chy/y47r Telephone Number Gate ' Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-87/17 R6775871 G.A. Escobar Associates, Inc. Canszslding Sdrxcdriral Engineers June 21, 2022 Mr. Dick Bergman 13930 Elmore Rd. Longmont, Colorado 80504 RE: 13930 Elmore Rd., Longmont, CO Dear Mr. Bergman, At your request, a representative from our office made a visit to the above referenced residence on 6/7/2022 to meet with you to discuss the cracks you have found in the exterior brick and concrete foundation walls. The structure is a one-story single-family house with an attached garage and has a basement. The house was built approximately in 1962 and appears to be conventional wood construction with wood exterior and brick veneer. The foundation walls arc concrete, the basement and garage floors are a concrete slab -on -grade. For purposes of this letter the front ofthe house faces generally west. During the time of our visit, the following was observed: Main: 1, There are cracks in the exterior brick walls. 2. The concrete foundation is deteriorating at some locations. Garage: 3. The floor slab has settled and slopes. 4. The brick veneer at the front and back has extensive cracking. 5. The roof over the garage is sagging due to settlement ofthe northeast section of the garage. Exterior: 6. The retaining walls at the walkout basement are leaning and cracks are visible. 7. The wood deck is leaning, and the various connections are in poor shape. The guardrail is all but missing. 8. Gutters are missing at some locations. 9. Downspouts are missing. 10. The grading is flat with various low spots against the house. Based on our visual observations noted above, it is our professional opinion that the cracks in the brick and in the concrete are caused by movement of the underlying soil. The garage and exterior slab movement also is caused by the soil movement. The sag in the garage roof is caused by distortion of the header and wall due to foundation movement. We recommend jacking up the garage roof and rebuilding a portion of the exterior wall after the foundations are 402 Man Street 22358.doc Longmont, Colorado 80501 TELE: (303) 678-5222 FAX: (303) 678-5225 underpinned and raised. The foundations of the house need to be underpinned where there is movement. The deteriorating concrete needs to be repaired and the soil chemically injected to help stabilized it to minimize movement to the stauetLire. The deck needs to be rebuilt. The exterior slabs need to be repaired or replaced, as well as the garage slab, The exterior grading needs to be adjusted to slope away from the house. Gutters and downspouts need to be added. Recommendations provided in this letter are conceptual in nature and are not intended for constnLetEon. It is important to understand that all homes require a certain amount of on -going maintenance in order to prolong the useful life of the structure and should be monitored from time to time to locate and control any slab, framing, or foundation movement before it affects the structure. It is also important to understand that expansive soils exist in Colorado and with changes in moisture content movement of the foundations, slabs, and structure can occur, sometimes causing damage. Therefore, there can be no guarantee as to the home's future performance. This letter of opinion should not be considered a warranty or guarantee, implied or expressed, of the structure in general, includin T but not limited to the building superstructure, slabs, foundations, and fixture performance of the structure. Structures including but not limited to their foundations and slabs may be affected severely by changes in climate, land use, drainage, soil moisture conditions, soil characteristics, and other Irxctors too numerous to list. Those structural components that were inaccessible or concealed by stored items, lack of access, inadequate access, or by material finishes such as gyp -board, drywall, plaster, ceilings and flooring could not be observed and were not evaluated and we make no comment on the condition of those components. The exterior grade was not evaluated and can be evaluated by a geo-technical engineer or civil engineer if you have concerns or need an opinion. The conclusions presented in this letter are based on the conditions observed during our visit. This letter is for use by the above named individual and is not to be used by arty other individuals and is not transferable, Our opinions and recommendations am subject to change based on new information as it becomes available to this office. Thank you for the opportunity to be of service. If you have any questions, please do not hesitate to call. Sincerely, dove 0. e;*.k. +1M ,‘.i-0,_.. G.A. Escobar Associates, Inc. Gus Escobar, P,E. 22358.doc (1/4i r 44 1 +Yfi r,' .+'.,3,,, 2 August 4, 2022 Petitioner: BERGLAND EARL R 13930 ELMORE RD FREDERICK, CO 80504-9309 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2022, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2022-2009 Appeal 2008231025 Hearing 8/3/2022 2:00 PM Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2022. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R6775871 Stipulated - Approved Stipulated Value $537,440 $514,000 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2022, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2022, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) The primary method used by the county to determine the value of the subject property; and (B) The rates used by the county to determine the value of the subject property under the method identified in accordance with subsection (5)(b)(l)(A) of this section. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fees may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Le L i!"lv:y f j Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello