HomeMy WebLinkAbout20193120.tiffAugust 6, 2019
Petitioner:
BERGLAND EARL R
13930 ELMORE RD
FREDERICK, CO 80504-9309
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2019-3120 Appeal 2008224916 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
R6775870 Deny - Administrative Deny
$121,869 $121,869
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
From:
To:
Subject:
Date:
Colleen Kentfield
Chloe Remoel
RE: R6775870 and R6775871 - Earl Bergland
Thursday, July 25, 2019 7:20:58 AM
He asked for an admin denial because he needs to gather more information.
Colleen Kentfield
Residential/Agricultural Appraiser
Weld County Assessor's Office
1400 N 17th Ave.
Greeley, CO 80631
970-400-3666
cken tfi e l d P wel d go v. co m
www. weldgov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Chloe Rempel <crempel@weldgov.com>
Sent: Wednesday, July 24, 2019 7:16 PM
To: Colleen Kentfield <ckentfield@weldgov.com>
Cc: Courtney Anaya <canaya@weldgov.com>
Subject: R6775870 and R6775871 - Earl Bergland
Good evening,
I just spoke with Earl Bergland and he said that he was told he does not need to come to
his hearing on Friday because his appeal is going to be pushed out six months. I'm happy
to unschedule it, but I just wanted to confirm if that makes this a withdrawal, stipulation, or
admin denial?
Thank you,
aoti-3tad
ASOId3
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4213
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
NOTICE OF DETERMINATION
RECEIVED
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/25/2019
)(` Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREALEGAL
DESCRIPTION/ PHYSICAL LOCATION
R6775870
2019
2325
PT NW4 30-3-68 LOT A REC EXEMPT RE -4168
PROPERTY OWNER
BERGLAND EARL R
13930 ELMORE RD
FREDERICK, CO 80504-9309
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
RESIDENTIAL
121,869
121,869
TOTAL
121,869
121,869
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:
LNO3 - A review of the market value of land in your neighborhood indicates your land valuation is
correct.
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.
X 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):
w ,x 2019-3120
JUL 1 2019
WELD COUNTY ASSESSOR
GREELEY, COLORADO
15-D PT -AR
PR 207-08/13
R6775870
itASOib3
Earl Bergland
13930 Elmore Rd.
' Longmont, CO 80504
r
/7
July 22, 2019
Petitioner:
BERGLAND EARL R
13930 ELMORE RD
FREDERICK, CO 80504-9309
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2019-3120, AS0103 Appeal 2008224916 Hearing 7/26/2019 1:00 PM
Account(s) Appealed:
R6775870
Dear Petitioner(s):
The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour ofl :00
PM, 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 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
you wish 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