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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20211984.tiff
COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R6783868 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: James W and Mary L Dieke Trust ADDRESS: 390 Dusk Place • Erie, CO 80516-2534 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2021 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: L11 BLK3 DAYBREAK FG# 1A 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 2021 : Total: $593,346 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2021 actual value for the subject property: Total: $585,000 5. The valuation, as established above, shall be binding only with respect to tax year 2021. 6. Brief narrative as to why the reduction was made: Review of additional sales 7. Both parties agree that: [71The hearing scheduled before the Board of Equalization on 07/27/2021 at 8:30am be vacated. (1A hearing has not yet been scheduled before the Board of Equalization. R6783868 Asoto9 DATED this 15th day of July , 2021 . W Tames Dieke W. James Dieke (Jul 16, 2021 05:54 MDT) ✓ Petitioner(s) or Agent or Attorney Address: 390 Dusk PL Erie, Colorado Telephone: 303-828-0154 R6783868 (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Deputy Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R6783868 DIEKE STIPULATION Final Audit Report 2021-07-16 Created: 2021-07-15 By: MARTA ARNDT (marndt@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA42niOmgefJYgFFQjPWV3V59Bap3wzTgF "R6783868 DIEKE STIPULATION" History n Document created by MARTA ARNDT (marndt@co.weld.co.us) 2021-07-15 - 8:38:06 PM GMT- IP address: 204.133.39.9 C'•, Document emailed to MARTA ARNDT (marndt@co.weld.co.us) for approval 2021-07-15 - 8:38:08 PM GMT C54 Document approved by MARTA ARNDT (marndt@co.weld.co.us) Approval Date: 2021-07-15 - 8:43:56 PM GMT - Time Source: server- IP address: 204.133.39.9 P.,, Document emailed to RYAN MILLER (rpmiller@co.weld.co.us) for approval 2021-07-15 - 8:43:58 PM GMT n Email viewed by RYAN MILLER (rpmiller@co.weld.co.us) 2021-07-15 - 8:48:34 PM GMT- IP address: 204.133.39.9 b© Document approved by RYAN MILLER (rpmiller@co.weld.co.us) Approval Date: 2021-07-15 - 8:53:28 PM GMT - Time Source: server- IP address: 204.133.39.9 . Document emailed to Jason Marini (appeals@weldgov.com) for signature 2021-07-15 - 8:53:30 PM GMT n Email viewed by Jason Marini (appeals@weldgov.com) 2021-07-15 - 10:54:16 PM GMT- IP address: 204.133.39.9 d© Document e -signed by Jason Marini (appeals@weldgov.com) Signature Date: 2021-07-15 - 10:55:33 PM GMT - Time Source: server- IP address: 204.133.39.9 El. Document emailed to W. James Dieke (woodchip107@yahoo.com) for signature 2021-07-15 - 10:55:35 PM GMT it Email viewed by W. James Dieke (woodchip107@yahoo.com) 2021-07-15 - 11:36:51 PM GMT- IP address: 98.43.76.11 M WEREDSY Adobe Sign 6© Document e -signed by W. James Dieke (woodchip107@yahoo.com) Signature Date: 2021-07-16 - 11:54:40 AM GMT - Time Source: server- IP address: 98.43.76.11 Cy Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-16 - 11:54:41 AM GMT n Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-16 - 1:54:47 PM GMT- IP address: 204.133.39.9 CY® Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-16 - 1:55:03 PM GMT - Time Source: server- IP address: 204.133.39.9 ® Agreement completed. 2021-07-16 - 1:55:03 PM GMT rI. POWEREnY Adobe Sign NOTICE OF DETERMINATION DECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 JUL 1 3 2021 WELD COUNTY COMMISSIONERS Date of Notice: 6/30/2021 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM ` LEGAL DESCRIPTION/ PHYSICAL LOCATION. ACCOUNT NO. TAX YEAR TAX AREA R6783868 2021 5367 L11 BLK3 DAYBREAK FG# 1A 390 DUSK PL ERIE DIEKE W JAMES AND MARY L TRUST z-:. 390 DUSK PL '� ` :g<. 1 ERIE, CO 80516-2534 i et '• Q. G�-. - / a.. - tote ASSESSOR'S VALUATION 1 PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVD _ RESIDENTIAL 593,346 593,346 tr*:%-le- TOTAL 593,346 593,346 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: Your property has been uniformly valued following Colorado law. Your protest of value has been denied due to comparison of other similar properties which sold during the Jan 2019 to June 2020 time period. 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 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 207-08/13 R6783868 2021-1984 ASOtO9 County Board of Equalization Hearings will be held from July 26th through August 5th 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/appsl/cboe/ To preserve your appeal nghts, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real 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 appeal with the Board of Assessment Appeals by September 10, § 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 Distnct Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.aov/baa 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 falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. 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.) $ 540 ,ono _ 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 cost, appraisal, etc ) I�c.�.sE S,c�, Ac-r•A catsD S LE•E. fs I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete A) • , 11 (Liu_ 3 o • ga Ol 5Li 1- 5 • 2,02 I Sign. re Telephone Number Date WOODG-It? 01 1Allgoo •Cow Email Address ' Attach letter of authorization signed by property owner 15-DPT AR PR 207-08/13 R6783868 Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Presorted First Class U.S. Postage PAID The Master's Touch, LLC 2021 REAL PROPERTY VALUATION INSIDE THIS IS NOT A TAX BILL 43127'55"G50 AUTO"5-DIGIT 80513 DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE CO 80516-2534 IslilIiui1iililIIIiiiiiiliiiIIIiliIlIIiIIliIililIiilIiIIIItJiliiI Please fold on perforation BEFORE tearing 2021 REAL PROPERTY PROTEST FORM You may appeal the valuation and/or classification by June 2nd online, in person, or mail this form to the assessor. Website: www.weldgov.comldepartments/assessor Email: appeals@weldgov_com Location/Mailing: 1400 N_ 17th Avenue, Greeley, CO 80631 Phone: 970-400-3650 Fax: 970-304-6433 Response only required if you wish to appeal the 2021 value. Account Number: R6783868 111111111111111111 1111111111h ui Property Owner: DIEKE W JAMES AND MARY L TRUST What is your estimate of the property's value as of June 30, 2020? S 5 401000 TO APPEAL ACCOUNT R6783868 CHEC; _ WERE 2 YOUR REASON FOR APPEALING THE VALUE IS: VA L I E 1 5 gAol CoRkecr Please attach additional information as necessary tom-90srytA4t,tzigs303•n$•0164 S•iS• 20 al Signature Telephone Number Date uocio D Cal 071 1 1 @ ANO • Co Ak E -Mail Address AGENT AUTHORIZATION: You must provide written authorization if you are using an agent. The agent's name, mailing address, e-mail address, and telephone number must be provided. YOUR RIGHT TO APPEAL THE PROPERTY VALUATION AND/OR CLASSIFICATION TO THE ASSESSOR EXPIRES JUNE 2, 2021. if the date for filing any document falls upon a Saturday, Sunday or legal holiday, it shall be deemed timely filed if postmarked or received on the next business day. 39-1-120(3). C.R.S. 2021 REAL PROPERTY NOTICE OF VALUATION This is a condensed version of your Notice of Valuation. See your entire Notice of Valuation, a complete property report, further details on the appeal process, sales data used for the valuation cycle, and a protest filing application at: www.co.weld.co.us/apps1/propertyportal/. The assessment rate for residential property is 7.15%_ Generally, all other property is assessed at 29%. Your property was valued as it existed on January 1, 2021 using appraisal data from the period ending June 30. 2020. Account No: R6783868 Property Address/Description 390 DUSK PL ERIE L11 BLK3 DAYBREAK FG# 1A Classification Prior Current Difference RESIDENTIAL Total 515,000 593,346 +78,346 515,000 593,346 +78,346 FOR MOST REAL PROPERTY THE VALUE DIFFERENCE REFLECTS A 2 YEAR CHANGE. THE PRIOR YEAR TAX ESTIMATE IS $5,961. THE CURRENT YEAR TAX ESTIMATE IS $6,867. THIS RESULTS IN AN INCREASE OF +$906. THIS ESTIMATE IS BASED ON 2020 TAX RATES. YOU WILL RECEIVE A TAX BILL IN 2022. If you are unable to view your Notice of Valuation online, please call us at 970-400-3650. YOUR RIGHT TO APPEAL THE PROPER¢i VALUArlON AND/OR CLASSIFICATION TO THE ASSESSOR EXPIRES JUNE 2, 2021. If, after filinq an appeal with the Assessor you do not agree with the Notice of Determination (NOD), or you do not receive a NOD, you may file a written appeal with the County Board of Equalization on or before July 15, 2021_ Please fold on perforation BEFORE tearing I Check here if new address Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 PLACE STAMP HERE Post Office will not deliver without proper postage. 43127 2021 Tax Protest 5-14- 2021 Talking points for reducing the assessed valuation of 390 Dusk PL, Erie Colorado 80516 All references to homes in our area are the Richmond Daniel Model. Please refer to the spread sheet and aria! view as we go through the five statements on this page. All the homes are located near each other as indicated on the map of Dusk PL and Dusk Ct. 1. 390 Dusk PL had an original purchase price of 448,400 and 402 Dusk Ct had an original purchase price of 488,000 with a 39,600 difference. 2019 valuation for 390 Dusk Place was 515,000.2019 valuation for 402 Dusk Ct. was 537,827. The difference in 2019 valuation is 22,827 difference. Now in 2021 valuation for 390 Dusk PL the valuation is 593,000 and the valuation for 402 Dusk Ct. is 593,346 with a difference of 346. This is not right The valuation is way too high for 390 Dusk Pl. as compared with 402 Dusk Ct. 2. If you look at the tax increase for 390 Dusk PL on the spread sheet, you have given the third highest increase to the least expensive house of the Daniel models in our are& Why would you do this? The assessed valuation for 390 Dusk Pl. is way too high. 3. The Daniel sales model is assessed at 45,580. The sales model has a finished walkout basement The upstairs has just about any upgrade you could have. The sales model has 347 more finished square feet. With all the extras it has, our house is just 3,150 less than the modeL The model is much more expensive than our house at 390 Dusk PL Your valuation has our house 44,411 less than the model. That is not right. Our valuation should be much less than the modeL Once again your valuation is much too high for 390 Dusk Pl. 4. If you refer to my spreadsheet you will see that three Daniel homes, 390 Dusk PL, 250 Dusk P1., and 402 Dusk Ct., have basically the same value. Yet the original purchase price for one was quite a lot more. How can the value for these three be nearly the same? Once again your valuation is much too high for 390 Dusk PL 5. Please take a look at the areal view of our house and note we do not have a covered porch or a walk out basement. We have a very small concrete patio. Sheet1 Comparisons 2021 Daniel Model Notes Address Sq. Feet Sale Price 2020 Val. 2021 Val Concrete patio Richmond Model BackCovered Porch Walk Out Back Covered Porch Walk Out Garden Concrete patio Back Porch Walk Out Back Porch 390 Dusk PI. 3,371 448,400 515,000 593,000 381 Dusk Pl. 3,718 ? 564,214 637,411 360 Dusk PI. 3,718 475,300 541,085 602,849 331 Dusk Pl. 3,718 524,400 571,207 639,949 320 Dusk PI. 3,718 512,658 541,085 599,743 311 Dusk Pl. 3,718 510,800 578,711 669,045 281 Dusk Pl. 2,341 499,500 497,423 604,455 250 Dusk PI. 3,543 448,400 540,663 593,202 335 Dusk Ct. 3,718 511,000 569,380 641,230 374 Dusk Ct. 3,718 522,442 545,878 603,143 402 Dusk Ct. 3,371 488,000 537,827 593,346 Page 1 +or- Change +78,346 +73,197 +61,764 +68,742 +58,658 +90,344 +108,032 +52,539 +71,850 +57,265 +55,519 2021 Assessed 2020 Taxes 2021 Taxes Tax + or - 42,430 45,580 43,110 45,760 42,880 47,840 43,290 42,420 45,850 43,130 42,430 5,961 6,867 +906 6,531 7,377 +846 6,662 6,977 +715 6,612 7,406 +794 6,262 6,941 +649 6,698 7,743 +1,045 5,757 7,007 +1,250 6,257 6,865 +608 6,591 7,421 +830 6,319 6,980 +661 6,225 6,867 +642 I9 271 2 261 251 b _ b41.11g.L of/O = WAL„it Ovr DAYE MLA , Da `4°-- / 6!/ 111 1 I \ lo I /� J \ 6 \ 7 i 8 \ 9 t VY° \ ,� 1\8‘ ` 381 391 ` 401 411 421/ Y\ 9, 371 j 1 V �`�� ? �, ' 351 61\ ���® / '� 331\34 1 \\, \ P \ ` 321 , 6 \311 �1 1 `�Q3�'!,s - �0' 370 390 1 i 301 , 350 ,� /0 i/405 b 0 0 340 ,, 9p ; , I.' , ' 320\w"1 7 1 c9 1 ?� I� 291 300 \ 6 \ \ /3 ', 395 / ' I ` ' ` ` 9r 'r net, / , ;4 , P 1` Y ` 385 3751, 280 �� �' 365 1 Not 1:440404220 1 J IQ 6O1 / / 398 ? / ,� / ', 394 -1 / 6 / 3 r` �' 345 \, - �� - ' ��� , 392 , - , / _ '+ 384'x,388 �\ 6 ri 260 2 335 ; `� 3741 / I t»tl 364 '\Qt. 3 , 250 / /9 325 , �\ ; _- -o KW ,, 450 l , 2 70 4 B0 2' 40 err ,+,,"A I 30 ( 8 20 10 ` /F 41 ( 31 21 Go. gie Mcip, 390 Dusk PI Imagery ©2019 Google, Map data ©2019 Google 50 ft 390 Dusk PI Erie, CO 80516 https://www.google.com/maps/place/390+Dusk+Pi,+Erie,+CO+80516/...5f9887a9783:0xad7d181c0d447ee8!8m2!3d40.0450268!4d-105.0380707 Page 1 of 2 i i i i ilL 7020 0640 0001 7174 8867 UWTEOSTETES POSTAL SERVKEE 1023 v46.2 -D Coudry LBoARD of EtSWA4rtirrica //5O O Sr/E6T l?.O. gox 756 CTRk.E.L.EM GoLo2ADo So 3l U.S T E PAID 80516JUL 09, 21 CoC0 AMOUNT ell =ate 41't.JJ R2304H108604-6 July 14, 2021 Petitioner: DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE, CO 80516-2534 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-1984, AS0109 Appeal 2008230158 Hearing 7/27/2021 8:30 AM Account(s) Appealed: R6783868 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 27, 2021, at or about the hour of 8:30 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned 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, 2021, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. 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.. If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by emailing assessor@weldgov.com or sending a fax to (970) 304-6433. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 5, 2021 Petitioner: DIEKE W JAMES AND MARY L TRUST 390 DUSK PL ERIE, CO 80516-2534 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-1984 Appeal 2008230158 Hearing 8/5/2021 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 2021. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R6783868 Stipulated - Approved Stipulated Value $593,346 $585,000 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, 2021, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2021, 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor
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