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Home My WebLink About20192926.tiffAugust 6, 2019 Petitioner: HARMS THOMAS L 3528 CINDY PL GREELEY, CO 80631-9432 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 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2926 Appeal 2008224641 Hearing 8/5/2019 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 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R1343886 Stipulated - Approved Stipulated Value $810,000 $760,000 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, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, 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 subparagraph (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) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (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 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 fess 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 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R1343886 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Thomas Harms 3528 Cindy PI. Greeley, CO 80631-9432 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 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: L29 Amended Sonny View Estates Fg 1 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $927,006 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2019 actual value for the subject property: Total $760,000 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: Review of additional sales comparables 7. Both parties agree that: nThe hearing scheduled before the Board of Equalization on at be vacated. [71A hearing has not yet been scheduled before the Board of Equalization. 1 O 19 -a9,;1) Rs O +03 DATED this 24th day of July , 2019 Thomas Harms Thomas Harms (Jul 24, 2019) Petitioner(s) or Agent or Attorney Address: 3528 Cindy Place Greeley, CO 80631 Telephone: 970-381-3244 Docket Number R1343886 Stip-1.Frm (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 Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R1343886/Harms Final Audit Report 2019-07-25 Created: 2019-07-24 By: Courtney Maya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAADFj-sfSMNs6O12mtUl2dPrm5fu6NpQrJ "R1343886/Harms" History • Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-24 - 2:10:26 PM GMT- IP address: 204.133.39.9 Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-24 - 2:10:28 PM GMT o; Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-24 - 2:10:44 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to duane robson (drobson@weldgov.com) for approval 2019-07-24 - 2:10:46 PM GMT t Email viewed by duane robson (drobson@weldgov.com) 2019-07-24 - 2:14:40 PM GMT- IP address: 204.133.39.9 ra Document approval delegated to Duane Robson (drobson@co.weld.co.us) by duane robson (drobson@weldgov.com) 2019-07-24 - 2:21:20 PM GMT- IP address: 204.133.39.9 6 Document approved by Duane Robson (drobson@co.weld.co.us) Approval Date: 2019-07-24 - 2:23:32 PM GMT - Time Source: server- IP address: 204.133.39.9 ET Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-24 - 2:23:32 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-24 - 5:41:21 PM GMT- IP address: 204.133.39.9 o Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-24 - 5:42:00 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Thomas Harms (t7hrmz@comcast.net) for signature 2019-07-24 - 5:42:01 PM GMT Adobe Sign t Email viewed by Thomas Harms (t7hrmz@comcast.net) 2019-07-24 - 11:27:14 PM GMT- IP address: 73.95.133.85 Cie Document e -signed by Thomas Harms (t7hrmz@comcast.net) Signature Date: 2019-07-24 - 11:30:28 PM GMT - Time Source: server- IP address: 73.95.133.85 E? Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-24 - 11:30:30 PM GMT in Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-24 - 11:38:57 PM GMT- IP address: 204.133.39.9 406 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 2:27:59 AM GMT - Time Source: server- IP address: 204.133.39.9 © Signed document emailed to Karin McDougal (weld-cboe@weldgov.com), duane robson (drobson@weldgov.com), canaya@weldgov.com, Brenda Dones (bdones@co.weld.co.us), and 3 more 2019-07-25 - 2:27:59 AM GMT Adobe Sign flcM = Dom) iv.r1 Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 1 5 2019 WELD COUNTY COMMISSIONERS Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 500PM ACCOUNT NO, TAX YEAR 5042 LEGAL DESCRIPTION! PHY C� R1343886 2019 PROPERTY CFA HARMS THOMAS L 3528 CINDY PL GREELEY, CO 80631-9432 1SO-29 L29 AMENDED SONNY VIEW ESTATES 1S TFG 3528 CINDY PL WELD RESIDENTIAL PROPERTY CI ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE A" REVIEW 810,000 927,006 TOTAL 927,006 810,000 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: AL02 - 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 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 R1343886 2019-2926 ASo 103 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 25th 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/oboe/ 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 — 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 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www.dola.colorado.qov/baa 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. District Court Contact the District Court in the County where the property is located. See your local telephone book for the address and telephone number. PETIT ION TO. COUNTY BOARD OF EQUALIZATION • What is your estimate of the property's value as of June 30, 2018? (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.) $ 7-0247/(76, 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, appraisol, etc. ,�D ► tin cJoJe i s 0. �O p Y 0-C or t i v�GtX / v 7 w.2--ed Ato s'1^-71' 7/412 6;0`f GtA-- My CO sAIKAA*A- AlltAte— ATTESTATION . I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein VettuQ'iloh and on any ,attachments hereto are true and complete. 9.3(— 3 c 7/l v7/= Signature Telephone Number Date T7- /../g, esom a + c r w Email Address 1 Attach letter of authorization signed by property owner. 15-D PT -AR PR 207-08/13 R1343886 /Dr- rs /lo rocuSipt of u s ><o lr,aue. 2019 Tax Valuation Protest Tom and Maggie Harms 3528 Cindy Place Greeley, CO 80631 RECEIVED MAY 31 2019 WELD COUNTY ASSESSOR GREELEY, COLORADO t7hrmz@comcast.net 970-381-3244 Re: Property # R1343886 Sirs: Our recent proposed property valuation increase seems excessive at a rate of 24.9% to a new value of $927,006. We base our protest on several factors: 1) We have not made any additions or improvements to our property that would be a basis for such a change in value since we completed our remodel 23 years ago. The "bones" of our house are from 1972 - 45 years old, yet you have proposed an increase in value of $185,256 at the same time that you have reduced the valuation of most of the similar properties in our residential area at Seeley Lake, including other custom properties on the lakefront. 2) Our proposed increase in valuation seems totally random and unfair, especially in view of the decreased valuation of many of our neighbors. There is absolutely no reason that our property value should not be downgraded in a similar fashion as well, let alone increased substantially by 25%. There is no reason for our house / property should be singled out for any increase. Here are several similar lakefront properties and their proposed 2019 valuations: R 1343986 - our lakefront neighbors to the south 2017 - $ 745,820 2019 - $ 698,379 Decreased $ 47,441 = 6!3 R 1342586 - our lakefront neighbors to the north 2017 - $ 502,150 2019 - $ 491,237 Decreased $ 10,913 = 2.2 % R 1344386 - another lakefront neighbor to the south 2017 - $ 665,568 2019 - $ 638,786 Decreased $ 26,782 = 4 % R 1340386 - another lakefront neighbor to the north 2017 - $ 635,665 2019 - $ 607,062 Decreased $ 28,593 = 4.5 % R 1339986 - a neighbor that built a new home the year that we remodeled - NOT on the lakefront 2017 - $ 1,059,307 2019 - $ 1,010,483 Decreased $ 48,824 = 4.6 % Now our home - R 1343886 - 25 yrs since any update - and then remodeled - built in 1972 2017 - $ 741,750 2019 - $ 927,006 INCREASED $ 185,256 = 24.9 % I!!! Something seems amiss here in Weld County - There is no conceivable reason that our taxes should increase at all, and we feel that we should be decreased 4-5% as well as our neighbors. We thank you in advance for your careful and equitable consideration. Tom and Maggie Harms juIVA it) ex__()-( -)2-rt 55(451'/I Cs July 22, 2019 Petitioner: HARMS THOMAS L 3528 CINDY PL GREELEY, CO 80631-9432 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 2019, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2019-2926, AS0103 Appeal 2008224641 Hearing 7/25/2019 10:30 AM Account(s) Appealed: R1343886 Dear Petitioner(s): The Weld County Board of Equalization has set adate ofJuly 25, 2019, atorabout the hour of 10:30 AM, tohold ahearing on your valuation forassessment. This hearing will beheld atthe Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have aright toattend this hearing and present evidence insupport ofyour petition. The Weld County Assessor orhis designee will be present. The Board will make itsdecision onthe basis of the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour interest tohave arepresentative present. Ifyou plan tobe represented byanagent oranattorney atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an authorization forthe agent orattorney torepresent you.Ifyou donotchoose toattend this hearing, adecision will still bemade bythe Board bythe close ofbusiness onAugust 5,2019, and mailed to you within five (5) business days. Because ofthe volume ofcases before the Board ofEqualization, most cases shall belimited to10 minutes. Also due tovolume, cases cannot be rescheduled Itisimperative that you provide evidence tosupport your position. This may include evidence that similar homes inyour area are valued less than yours oryou are being assessed onimprovements you donothave.Please note The fact that your valuation has increased cannot be your sole basis ofappeaL Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. Ifyou wish todiscuss your value with the Assessor's Office, please call them at(970) 400-3650. If youwish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a written request tcassessor@weldgov.com. Upon receipt oVourwritten request, theAssessor will notify you ofthe estimated cost ofproviding such information. Payment must bemade prior tothe Assessor providing such information, aWhich timetheAssessor willmake thedataavailable within three (3) working days, subject to any confidentiality requirements. Please advise me ifyou decide not to keep your appointment as scheduled. Ifyou 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 Danes, Assessor Hello