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Home My WebLink About20193733.tiffRECEIVE© PETITION TO STATE BOARD OF ASSESSMENT APPI-44 ISsIONpR D COUNTY 1313 Sherman Street, Suite 315 Phone (303) 864-7710 Denver, Colorado 80203 Email. bna,'c8state Co us Date: frig_t_19 Property Owner: tANA/ ,g P� /A`g/ _ Subject Property: Schedule Number(s): _ For Office Use Only Docket No N CrwLK, Creoil Card n ri of A6;;:: « 4 Ayr, FR Q Cie, _Co t0 sit , Appeals the decision of the W ELD Co.,.nlp fl3oard of Equalization :Board of Commissioners ❑State Property Tax Administrator Dated: This appeal concerns: Valuation Q Refund/Abatement [] Exemption ❑ State Assessed Tax The subject property is currently classified as: 7/,6/11 Year: jai gm* :Agricultural Commercial Mein- Use [ ]Oil & Gas E Non -Exempt or Partially Non -Exempt) ❑ Vacant band VIResid€1ntial ❑ State Ansesea Cl Pc rsuna, Property ❑ Other The subject property should be classified as (if different than the current classification): Actual value assigned to subject property: ,T4.243 Petitioner's estimate of valuOtic3709c Estimated time for Petitioner to present the appeal: 7'54 minutes or _hours. Not less Phan 3l1 minutes Board equal brie i.c Courly or Prouedy Tax Adm,nistralcr Appearance: Petl over will fde uresrrnt al the nearing Petitioner Anil he represented by or agent Petitioner will he represented oy an attorney DPfdilrrrner will ,1ppe"er by telephone ispiiituner rs responsible for calling the Board at 30 s-864.77, the s, neaui,iH Date and time of the nearing iMountain Time Zone) :Petitioner would like to appear by video conference Petitioner must contact the Board at 303.864.7710 at least 21 days in advance of the scheduled hearing to confirm avadabtllly of video conference equipment If the properly owner is ail entity it most appear under 1110 represw 5,lio,', o an ntrurncy licensed r.. ,:olorado except as luilowe A closely polo entity inn.), co iefrrenenleo Dy ❑n officer of the enoty in long tin ti e amruxrt in con roverny does not exceed g15 000 occlusive of costs, interest or statutory penauhes A closely neto enury can have o; ',ioie Irian uvve owners Soe Section 131.127 C R S A closely held entity that will be represented by an officer of the entity must provide a letter to the Board with this petition stating that it has no more than three owners and that the tax amount at issue does not exceed $15,000 rf tr a Hiinrf - l:el'l,i,n 4t, ii,' reinesenleo oy a trustee ;3n attorney or an agent Filing Fee: Cash is not accepted None Petitioner is appearing pro se (self -represented) and has not filed more than two petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30) ❑333 75 Petitioner is at;pettii ru) pro se (self -represented) and has filed more than two petitions with the Board of Assn>snlenl App urirInO tl S fist:,u y0<ir l.jl.imy 1--.iunO 3')7; ❑5'01 25 Petitioner will be rt'trrc ;en1i0 t /ly an anent or by rin attorney In the space below, please explain why you disagree with the value assigned to the subject property: ComrYmunicat ons 0/19/19 cc. ARCBO(MY)/CA), CAC KM) ogitsr tq 2019-3733 AS01O 3 Addendum to the Petition to State Board of Assessment Appeals for John B. Parker, 6425 Eagle Butte Ave., Frederick, CO 80516. Explanation as to why I disagree with the value assigned to the subject property: The Actual Value as Determined by Assessor of $421,903 does not takes into consideration the valuation of the previously tax year, which I might add was agreed to by the Assessor's Office. That agreed to amount took into consideration the actual amenities and condition of the property. What happened in this case is a new Actual Value is assigned by the Assessor Office as if the previous period's valuation simply didn't exist. This is wrong. Logic indicates that assessed value should be determined by the percentage gain or loss in the market from the previous bench mark, not create a whole new fictitious valuation based on non -representative comparable sales that some computer generates. Required attachments to this form' PC, Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial pg. Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: ❑A notarized Letter of Authorization if an agent will be representing Petitioner ❑A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and current copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, or hand delivered to btJ&___0 County Board of Equalization ❑ Board of Commissioners ❑ State Property Tax Administrator ,[r at the following address Q�.-�.--.�?.�-_(J RO64. - y -� on ate SO 6,1a. I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, or hand delivered to all co -owners or parties directly interested in the subject property on cat, I hereby certify that four (4) true ane rurrect copes of thr' foreaniny Petition to the State Board of Assessment Appeals and attacnments were mailed or hand delivered to the Beard of Assessment Appeals at 1313 Sherman Street, Suite 315, Denver, CO 802,`03 PETITIONER'S MAILING ADDRESS IS REQUIRED EVEN IF PETI TONER 'Gj P" .T= P BY AN AGE OR ATTORNEY Signature of Agent E or Attorney: Printed Name Mailing Address State Telephone E -Mad ame Petit oner . Via' s _ �u A &.� Mailing Address /200.; CO To 61_4_ I.oleplione I ._-G SiCl1_ _ g76y Daytime number E -Mail 1113, /12.2 i_ ode It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instruct ons trod Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the internet at www.dola.Colorado.gov/baa or may be requested by phone at 303-8164-7710 w July 26, 2019 Petitioner: PARKER JOHN B 6425 EAGLE BUTTE AVE FREDERICK, CO 80516-2607 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.corn 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 2019-2720 Appeal 2008224377 Hearing 7/26/2019 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 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4050106 Deny - Denied in Full $421,903 $421,903 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 AssessmentAppeals: 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. mq,de 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: baaPstate.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 arid 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 I. S‘.vO TO ON 7/"6/* July 25, 2019 Weld County Board of Equalization P.O. Box 758 Greeley, CO 80632 Re: Notice of Appeal -Assessor's Valuation Assessor's Valuation of Property Value Parcel: FRE 1 WYNDH L1 BIk21 Wyndham Hill FG #1 To Whom It May Concern, I received your notification of hearing scheduled for July 26, 2019 today, less than 24 hours from the time of the hearing. This is improper notice and doesn't comply with the law. In addition, this letter is written with such poor quality that one would think it was written in the first century when words were not separated. Using the Board's illogical judicial process that due to the large volume of cases before the Board of Equalization it has determined in advance an increase in property valuation cannot be utilized as the basis of your appeal. This is a simply lack of Due Process, which is a violation of the 5th Amendment and 14th Amendment of the Constitution. After having attended several of these so called hearings of appeal of the Assessor's Valuation of Property Valuation, where I might add, the County Commissioners have abdicated their responsibility to unqualified proxies, I find them nothing more than a feckless due process designed as nothing more than a subterfuge and facade of a valid fair and impartial appeal procedure. In fact, this whole charade is a ruse to make the appellant believe it is a fair and impartial appeal of the Assessor's determination when it is a veiled ploy to cornply with the Administrative Appeal Act, which it is not. For the reasons set forth above I will not be attending the hearing of July 26th Sincerely, John B. Parker 64.25 Eagle Butte Ave. Frederick, CO 80516 John DATA I A'1eIJ Cuunn I I'll)Il'�I Pr�q�erl�. IIv Profl'iI 2)I') `.V IJ f Juc' July 22, 2019 Petitioner: PARKER JOHN B 6425 EAGLE BUTTE AVE FREDERICK, CO 80516-2607 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 2019-2720, AS0103 Appeal 2008224377 Hearing 7/26/2019 8:30 AM Account(s) Appealed: R4050106 Dear Petitioner(s): The Weld County Board ofEqualization has set adete ofJuly 26, 2019, atorabout the hour of8:30 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 aright toattend this hearing and present evidence insupport ofyour petition. The Weld County Assessor orhis designee will be present. The Board will make itsdecision on the basis of the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour interest tohave arepresentative present. lfyou plan tobe represented byan agent oran attorney atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an authorization forthe agent orattorney torepresent you.lfyou donotchoose toattend this hearing, adecision will still bemade bythe Board bythe close ofbusiness on August 5,2019, and mailed to you within five (5) business days. Because ofthevolume 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 donot have. 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 you wish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a written request tcassessor@weldgov.com. Upon receipt ofyourwritten request, theAssessor will notify you oftheestimated cost ofproviding such information. Payment must bemade prior tothe Assessor providing such information, ativhich timetheAssessor willmake thedata available 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. NOTICE OF DETERMINATION Brenda Dories Weld County Assessor 1400 N 17m Ave Greeley, CO 80631 ACCOUNT NO. TAX YEAR R4050106 r4 uJ 0 W O Ix 2019 TAX AREA 4118 Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM LEGAL DESCRIPTION/ PHYSICAL LOCATION PARKER JOHN B 6425 EAGLE BUTTE AVE FREDERICK, CO 80516-2607 PROPERTY CLASSIFICATION FRE 1WYNDH L1 BLK21 WYNDHAM HILL. FG #1 6425 EAGLE BUTTE AVE FREDERICK ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW RESIDENTIAL 421,903 TOTAL 421,903 421,903 421,903 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: AL01 - 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 2017 to June 2018 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 R4050106 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 25th through August 5t'' 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.ca,weld.co.us/appsl/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 — 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 a.n 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 District 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.clov/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. PETITION 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 spi is of ar a o 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 cosraisal tc.) ned own ach ent ure ATTESTATION or agent' of the property identified above, affirm that the statements contained herein hereto are true and complete. elephone umber 2/r/ 0' o/7 Eail A•dress • 6011—>/___.sirgAIL eat#S.S ON40//a Q US /elf/c.. ' Attach letter al authorization signed by property 9P P Y owner. 15-DPT-AR PR 207.08/13 R4050106 • Arguments Against Assessed Value as of 7/8/19. The value placed by the Assessor is faulted for several reasons. They are as follows: 1. The Notice of Determination states that "The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest". This statement is deficient for several reasons. First it doesn't present any information as to the information' the Assessor "carefully studied", which doesn't provide the appellant any data upon which to review or challenge the "careful study" determination. Second, it is common knowledge that the valuation is actually determined by a computer program and not the Assessor. Third, the Assessor's valuation doesn't take the previous assessed value into consideration. 2. The Notice of Determination also states, AL01 — "Your protest of value has been denied due to comparison similar properties which sold during the Jan 2017 to June 2018 time period." This is a faults statement in that the Assessor, in fact, made the determination before receiving my protest or value. How can my protest of value be denied before even knowing what the amount set by the Assessor was until receiving the card in the mail? The Assessor couldn't have known I would protest the amount in advance. Again, what other property's information and data were used to compare to my property in making the determination? 3, This whole Notice of Determination is nothing more than a benign subterfuge to mislead tax payers into believing the Assessor has "carefully studied all available information" in hopes the Assessor's Valuation won't be questioned or protested. A typical example of governmental form over substance. How can a tax payer evaluate the assessed value of the Assessor with so little information? Hello