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HomeMy WebLinkAbout20211820.tiffValuation Re ort Of Residential Improved Property For County Board of Equalization BEDNAR BRYON J Petitioner vs. Weld County Assessor's Office Respondent Docket Number: Parcel Number: Schedule Number: Appeal Number: Date: Time: Board: 2021-1820 146731008006 R1084396 2008230019 2021-07-27 8:30 AM 1 Prepared By Marta Arndt Assessor's Office Staff Appraiser Assessor's Indicated Value RESIDENTIAL $727,000 TOTAL: $727,000 1 of Subject Photo General Description and Market Summary Subject Site and Improvements The subject property is a 2.01 acre lot located at 280 SKYLANE DR in ERIE. The legal description of the property is ERI EARB-6 L6 ERIE AIR PARK REPLAT B. The subject is a Frame Vinyl house constructed in 1995. It has 2,242 square feet of finished living area above grade. There are S bedrooms and 3.00 bathrooms. It has a 2,242 square foot basement with 1,619 square feet finished. It also has a 674 square foot attached garage. The Assessor has classified the structure as a Ranch 1 Story home of Average quality construction. The appraiser completed an exterior and interior physical inspection on July 23rd 2021. 2o16 Market Approach Summary The subject property has been classified as Residential for assessment purposes. Residential property value shall be determined solely by consideration of the Market Approach to Value {39-1-103(5)(a), CRS As required by 39-1-104(10.2), CRS, the market value is determined by utilizing data from the period of one and one-half years immediately prior to June 3 0th, 2020. If sufficient comparable valuation data is not available within the eighteen -month time period, the assessor shall use market data from the five year period immediately prior to June 3 0th, 2020. When appropriate, all sales are to be time adjusted to the appraisal date of June 30th, 2 02 0. Although the appraisal date is June 30, 2020, the physical characteristics are reflective of the property as of January 1, 2021. The comparable sales in this report were selected using county records and the Multiple Listing Services. The Weld County Assessor's Office has verified that the comparable sales are arms -length transactions based on review of the Real Property Transfer Declaration, telephone or personal confirmation interviews and physical inspections to confirm property characteristics at the time of sale. DEFINITION OF MARKET VALUE: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress. {The Appraisal Institute} The market value of the property as of June 30th, 2020 is: Assessor's Indicated Value RESIDENTIAL $727,000 TOTAL: $727,000 3of6 Comparable 1 Comparable 2 Comparable 3 4of6 cam PARABLE 3 913 SERENE CT P ERIE Br°1 ['ARAB!' !' E 1 L' BA RO I'- C T E RI!E COMPARABLE. AB_E 2 47 RUE DE TRUST WELD 5 of WELT COUi iTY ASSESSOR'S Sal:es ComparabDes Market Adjustment Grid Sale Date Sale Price TrAdj Sae Price Parcel N mber Account m ber Street Address Subject 08/2912011 $435,000 $426,50 ► 145131008006 R1084396 280 SKYLANE DR TOTAL]MPSF TOTALLAN DS F N BHDANDE T OCCUPANCY Built -As Description Cor d lion Year Built Adjusted Year Built Residential SF Baths Basement Sq Feet Basement Finish Garage - Attached Outfuild ing Land Net Acre Land Quality 2242.00 87461 000000 3043 - a �o ngle Family' Resides Ranch 1 Story. Typi cal 1995.000000 1995_000000 00 2242.000000 3.000000 2242.000000 1619.000000 674.000000 0.000000 2..010000 229140_000000 Average Final Market Value Final Market Value I SF $727,0_ $324.26 Comp 1 04(1512019 895600..00 892000.00 146731605001 R5832886 380 BARON CT 66. 0000 0_000O 3007-00 Single Family Residential Ranch 1 Story Typical 2008.000000 2008.000000 2266.000000 4.0&O0 2121.000000 1577.000000 890.000000 0.000000 3.4.50000 314640_000000 Good $0 $0 $0 $0 $0 $0 $0 ($13,000) ($1„488) ($5,000) $3„509 $1„218 ($12,528) $0 $0 ($85,500) ($71,921) S Adjustment rocs Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price ( F W90,71100) 22.4399% -21.3800% $701,290.00 $312_80 Comp # 2 1112512019 685000.00 68500 0.00 146108103017 R5+695€86 1747 RUE DE TRUST 4130_000000 0_000000 3001-00 Single Family Residential Ranch 1 Story Typical 1995.000000 1995_000000 1534.000000 2_000000 1620..000000 0.000010 840.000000 26016.000000 2.590000 259233.940000 Fair $0 $0 $0 $0 $0 $0 $0 $0 S37 59,6 $5,000 518,038 $46,951 ($9,628) ($28,016 ) 1 �l (5307094:1 $21,748 $ Adjustment Gross Adjustment Net Adj ustrm exit Adjusted Sales Price Adjusted Sales Price / SF $61.595.06 28.7841%E 9.0066% 746„695.05 $333.05 Comp 04f27/2020i 560000_00 562857_00 114 130115005 R1487902 913 SERENE CT 2483.000000 9939.0002000 3014 - 00 Singe Family Residential Ranch 1 Story TypicaI. 2007-.000000 2007.000000 2483.000000 4.000000 1502.000000 1502.000000 709.000000 0.000000 0228200 1110 00.000000 Average $0 $0 0 $0 $0 $0 $0 ($12,000) ($14,.'942) (S5.00►0) $21,460 $31393 ($2,030) $0 0 $118,140 $0 $ Adjuscment Gross % ,Adjustment. Net cist Ac ustment Adjusted Sales Price Adjusted Sales Price/ SF $1091021.00 31.4405% 193692'° $671,670.00 $299258 6of6 Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Bryon Bednar Contact Email: bbednar@aol.com Contact Phone: 303-416-0557 Appeal Submitted: 10:34 AM July 04, 2021 Appeal submitted for: R1084396 - BEDNAR BRYON J 280 SKYLANE DR, ERIE Legal: ERI EARB-6 L6 ERIE AIR PARK REPLAT B Reason: Value Too High - Thank you to the Assessor's office for acknowledging that the initial assessment of $821,392 was too high. Although we appreciate the value being lowered to $727,000, it is still $194,445 or 36.5% higher than comparable properties. In my appeal submitted on 27 May 2021, I offered 7 comparable properties in my part of Weld County (1666 Alpine Dr, 1866 Parkdale Cir, and 1814 Primrose P1, 896 Reliance Dr, 905 Lawson Pl, 913 Serene Ct, and 1203 Columbine Way). I explained why they were well suited to be used to determine the value of our property at 280 Skylane Drive. Based on their Time Adjusted Price per Residential Square Foot, our home with 2,242 Residential Square Feet is worth $532,555. In my appeal, I requested the Assessor's office provide me the list of comparables they used to determine the estimated value. I am still waiting for that information. To prepare my presentation to the County Board of Equalization, I will need that information at least a week before the hearing. Thank you in advance for your support. Estimate of Value: $532,555.00 Document(s) Submitted: Account: R1084396 - R1084396.pdf You have selected the following Date Preferences: Tuesday, July 27, 2021, from 8:30 a.m. - 10:30 a.m. Thursday, July 29, 2021, from 8:30 a.m. - 11:30 a.m. Tuesday, July 27, 2021, from 1:00 p.m. - 4:30 p.m. Thursday, July 29, 2021, from 1:00 p.m. - 4:30 p.m. Wednesday, July 28, 2021, from 1:00 p.m. - 4:30 p.m. Friday, July 30, 2021, from 8:30 a.m. - 11:30 a.m. Friday, July 30, 2021, from 1:00 p.m. - 4:30 p.m. Monday, July 26, 2021, from 1:00 p.m. - 4:30 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. 2021-1820 AS01O9 We thank you for your submittal. Weld County Board of Equalization Comparable Report: 280 SKYLANE DR ERIE 81084396 R2964504 z .:a Lil Leyner z 0 :l - u:, Go the object i4 yetjP Erie (T. N Comp #1 Topgol f Comp #2 tal F -pry! 11 11 Map data X2021 Comp #3 81460902 R2960604 1866 PARKDALE CIR 1814 PRIMROSE PL 280 SKYLANE DR ERIE 1666 ALPINE DR ERIE N ERIE ERIE Distance N/A Sale Price N/A Sale Date N/A TimeAdjPrice* N/A Residential SqFt 2,242 Land Acres 2.01 Built As Ranch 1 Story Year Built 1995 Total Bsmnt SqFt Finished Bsmnt SqFt Garage Attached SqFt Garage Detached SqFt Buildings Outbuilding SqFt Commercial SqFt Accounts In Sale Total Acres in Sale 0.9 miles $583,500 22 May 2019 $606,665 2,128 0.18 Ranch 1 Story 0.86 miles $488,500 9 Dec 2019 $497,342 2,077 0.24 Ranch 1 Story 2005 2003 1.04 miles $546,000 22 Jun 2020 $545,500 2,168 0.21 Ranch 1 Story 2005 2,242 1,619 674 0 1 0 0 N/A N/A * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2020 2,112 1,206 2,188 2,112 0 440 580 0 1 0 0 1 0.18 0 1 0 0 1 0.24 0 648 0 1 0 0 1 0.21 R1084396: 280 SKYLANE DR ERIE Distance Sale Price Sale Date TimeAdjPrice* Residential SqFt Land Acres Built As Year Built Total Bsmnt SqFt Finished Bsmnt SqFt Garage Attached SqFt Garage Detached SqFt Buildings Outbuilding SqFt Commercial SqFt Accounts In Sale Total Acres in Sale Subject 81084390 Comp #4 R1473102 896 RELIANCE DR 280 SKYLANE DR ERIE 905 LA' SON PL ERIE 913 SERENE CT ERIE ERIE Comp #5 R1489402 Comp #6 81487902 NIA NIA NIA N/A 2,242 2.01 Ranch 1 Story 1995 2242 1,019 674 0 1 0 0 N/A N/A * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2020 1.15 miles $825,000 7 May 2020 $526,575 2,579 0.34 Ranch 1 Story 2004 2,547 400 682 1.34 miles 1.43 miles $576,000 $560,000 21 Jun 2019 27 Apr 2020 $597,082 $562,857 2,483 2,483 0.28 0.23 Ranch 1 Story Ranch 1 Story 2006 2007 2,483 1,502 0 1,502 709 709 0 0 0 1 0 0 1 1 1 0 0 0 0 1 1 0.34 0.28 0.23 R1084396: 280 SKYLANE DR ERIE Subject R1084396 Comp #7 R1491502 1203 COLUMBINE 280 SKYLANE DR ERIE WAY ERIE Distance N/A Sale Price N/A Sale Date N/A TimeAdjPrice* N/A Residential SqFt 2,242 Land Acres 2.01 Built As Ranch 1 Story Year Built 1995 Total Bsmnt SqFt 2242 Finished Bsmnt SqFt 1,619 Garage Attached SqFt 674 Garage Detached SqFt 0 Buildings 1 Outbuilding SqFt 0 Commercial SqFt 0 Accounts In Sale N/A Total Acres in Sale N/A * Time Adj Sale Price includes market appreciation from the sale date to the end of the base period, 6/30/2020 1.5 miles $539,000 3 Jul 2019 $554,524 2,576 0.25 Ranch 1 Story 2005 1,548 0 660 0 1 0 0 1 0.25 July 7, 2021 Petitioner: BEDNAR BRYON J 280 SKYLANE DR ERIE, CO 80516-8137 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldgov.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 2021-1820, AS0109 Appeal 2008230019 Hearing 7/27/2021 8:30 AM Account(s) Appealed: R1084396 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 LPLIs./o:yf G'i. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor Bryon Bednar/280 Skylane Drive, Erie/Account R1084396 1. Greatly appreciate Assessor's office courteous and professional help. 2. Their unofficial offer to lower assessment to $640,853 is still too high considering our fragile geology and pending 30 -well fracking pad adjacent to our yard. 3. The proposed $640,853 is an 11% increase to the 2020 valuation of $575,000. A 7% decrease to $532,555 is more accurate. Illustration #1: Document 401812530 "FACILITY LAYOUT DRAWING" from ACME 2A Permit Application, 11/05/2018 ACME LOCATION 31H -P168 DRAWING PAD t �#„ `111 '...10.� �• I T' ;I - 1 1 C ii ed.. • ... 1Lei 0 a••.o,� . - s sue'I. el'44.44•44004 lint 4;LA_ IRS ........4.: . %.,:rt‘..\ e .. 1 _ • • ' 4.` k , . \ if! 1 • 1 b . , ,... .. . ... . ` . ,_ ,_ c 1 E 'Val Jim it gm •ja I a. saill I° • rne -a t 1.4 H;'''': i 000®wr00.9�r -610 - 1 MINIF , 744It • l00000000ww- 4 . ..4- :4 1:4:. _. s•viet , ,. , a *IS*" Theiri dicir . ay neat O , - r.+�'oir_-aocuri-,�c� - �•I r s. • se .....-- 0.........„....,„„nriP w\ 0 - dirr a )1•1' %1/444,44"N.,.. we a 1 ACME WESTDe-MN•P168 11. ACME WEST1Kr-31H•P168 21 ACME 4F -3114-P'68 31 WELD COUNTY ROAD 31S few E 38 OVERHEAD UTILITY IS t881' E 2. ACME WEST 4B -3114-P168 12 ACME WEST 41 -31H -P168 22 ACME 4G31H-P168 32. CHEROKEE CT IS L734' NW 39 WATER WELL IS (PERMIT 14781-MH) t640' NW 3. ACME WEST 4C -3114-P168 13 ACME WEST 41.1 -31H -F168 23 ACME 414-3114-P168 33 PIPER DR IS 113581 NW 40 WETLANDS ARE 11087 SW 4. ACME WEST 4O -31H -P168 14 ACME WEST 4N -3114-P168 24 ACME 41-3114-P168 34 COMMONS DRIVE IS t.915' SE 41 INTERMITTENT STREAM IS :1339' SW S. ACME WEST 4E -3114-P168 is ACME WEST 40.3114-P16$ 26 ACME 4J -31H -P168 36 PRIVATE ROADS ARE OW S. t96t MN. *1444' NW 12 FENCE IS 069'14 6. ACME WEST 4F -31H -P168 16. ACME 4A -31H -P168 26. ACME 4K -31H -P168 s12W NW. ±747 NW. ±646 NW. ten NW, :852' NW. ±544' 43 DITCH IS ±840' SE 7. ACME WEST 4G -3114-P168 17. ACME SB-31H-P168 27. ACME 4L -31H -P168 NE *481 NE, 1734' NE. ±904' NE. 1817 W. 1870' SE 44 MANHOLES ARE ±52?' NE. An. SE 8. ACME WEST 4H -31H -P168 18. ACME 4C -3114-P166 26. ACME 4M -31H -P168 36 BUILDING UNITS ARE ±1494 NW. ±1138' NW. 1814' NW. 45 WATER WELL IS (I`ERMIT 10922-AD)t1577 NW 9. ACME WEST 41.31H -P168 19. ACME 4D -31H -P168 29. ACME 4P1 -31H -P168 1573' NW. ±9211NW. s721 NW. ±857' NE_ ±820' NE 10 ACME WEST 4.1-3114-P168 20 ACME 4E -31H -P168 30. ACME 40 -31H -P168 37 Bt ItD4NGS ARE n64d' N silt? NW PROPOSED PERMANENT IEASIARED FROM NEAREST WELL OR FACILITY: aU11D1IJG 1±13 NW BUILDING UNIT *513' NW PUBLIC ROAD (CHEROKEE CT) ±688' E PROPERTY LINE (BC LAND LLC) *124' SW UTILITY (OVERHEAD UTILITY) *74W E RAILROAD •5280' SW REFERENCE LOCATION "ACME 4A-3111 P168" I -AT. 40.002033' N LONG 105 039684' W ELEVATION- 5191' LEGEND= : ...... ACCESS ROAD = suRFACE olsTUR�A►x AREA = PROPOSED WELL -- - --' - PROPOSED TEMPORARY = PROPOSED FACILITY BERM -- `.J ACCESS ROAD �.. �.y = WATER WELL r - • • - = DITCH C = RADIUS ---A ,= EXISTING ROAD z = VYE7L/uo a a a a - POND X = FEtICE X X = STREAM BUILO11:G UNIT 861 FSL 8 068' FWL POOP- 1 6 GPS OPERATOR RYAN DESMOt1D MEASURED FROM NEAREST EDGE OF DISTURBANCE SURFACE WATER IDITCH) :159' E -OHU- _ � UTILITY= = MANHOLE - BUILDING O C = = PROPOSED MLA DISC LAVER- 'WS PLOT DOES NOT REPRESENT A MONuUENTED LAND SURVEY AND %MOULD NOT BE RELIED UIN UPON TO DETERME KKINOAMY LIVES. PROPER 'V OM&ROMP 011 OTHER ►ROPBRTY BYTEREBTB PARCEL LINES.IP DEPICTED HAVE IIOT BEEN FOLD VERrcED AND IMY BE BAUD trot* PJOLKLY AVAJ ASLE DATA THAT AL30 MA3 NOT DATA SOSCE AERIAL BJA(1ERY NA# 2017 WATER WELLS COLORADO OW0 ►4+o- USGS WETLANDS• nt+4 ARO W%DLSE PUBUCLV AVAILABLE DATA SOURCES NAVE NOT B. INDEPEMCihTL' VERIFIED Or AZC.EC.T, MEASURED FROM NEAREST EDGE Of DIST DISTURBANCE ACREAGE: 195 ACRES DRiLLNG OPERATIONS 3.7 ACRES INTERIM RECLAIM ,PATER WELL 1183 N SWL = 1B PERMIT 14181-MH RECEIPT- 0014781 CURRENT SURFACE USE. RANGELAND FUTURE SURFACE USE RANGELAND WOEPB?NDENTLY VBRIEEBM,D A ASCENT 1535rldInlGule >xIIKr, co OW 1103,111-113 •natet r'"llk1.LM : -[ DATE 08-16-18 SITE AA�E ACME 31H -P168 PAD PREPARED FOR 4 CRESTONE PEAK 'tee ce1 DPUJYG 1ATE: 08-28-18 SIJPFA(E SE WELD 1/4 ioc&r ION SE 1/4 SEC. 31, TAN, R68W, 6TH P.M. COUNTY, COLORADO h r SJH (WICKED MMP Illustration #2: COGCC GIS screen shot of "Pending" ACME 30 -well fracking array and coal mines OO ocbciob July 27, 2021 Petitioner: BEDNAR BRYON J 280 SKYLANE DR ERIE, CO 80516-8137 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 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-1820 Appeal 2008230019 Hearing 7/27/2021 8:30 AM 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 R1084396 Adjust - Denied in Part $727,000 $640,853 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)(I)(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 LeL� i!"Jv:yfG C. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello