HomeMy WebLinkAbout20192799.tiffAugust 6, 2019
Petitioner:
WERNER DEREK D
405 STEVENS CIR
PLATTEVILLE, CO 80651-7900
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 2019-2799 Appeal 2008224400 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
R4628807 Stipulated - Approved
Stipulated Value
$242,722 $237,000
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
tZ 1 TL¢1JIL'i.
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 R4628807
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF :
NAME:
ADDRESS:
Derek Werner
405 Stevens Cir
Platteville, CO
80651-7900
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:
PVI OHFRD LOT 2A OLD HOMESTEAD FARM REPLAT D
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 $242,722
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2019 actual value for the subject property:
Total $237,000
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:
New Comps.
7. Both parties agree that:
(7lThe hearing scheduled before the Board of Equalization on 7/30/19
at 1:30pm be vacated.
nA hearing has not yet been scheduled before the Board of Equalization.
1
QO1c31- O-799
ASO (0 3
DATED this 18th day of July , 2019 .
Derek ,.ii mark 20191
Petitioner(s) or Agent or Attorney
Address:
4045 Stevens Cir
Platteville, CO 80651
Telephone: 970-381-1657
Docket Number R4628807
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
R4628807/Werner
Final Audit Report
2019-07-18
Created: 2019-07-17
By: Debra Jakino (djakino@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAA2KjIkK0SsW2uAj2yhZrM6JncH255Ewbl
"R4628807/Werner" History
.5 Document created by Debra Jakino (djakino@co.weld.co.us)
2019-07-17 - 6:37:30 PM GMT- IP address: 204.133.39.9
Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval
2019-07-17 - 6:37:31 PM GMT
Document approved by Debra Jakino (djakino@co.weld.co.us)
Approval Date: 2019-07-18 - 5:32:21 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Marta Arndt (marndt@weldgov.com) for approval
2019-07-18 - 5:32:22 PM GMT
in Email viewed by Marta Arndt (marndt@weldgov.com)
2019-07-18 - 6:09:33 PM GMT- IP address: 204.133.39.9
Document approved by Marta Arndt (marndt@weldgov.com)
Approval Date: 2019-07-18 - 6:11:58 PM GMT - Time Source: server- IP address: 204.133.39.9
L Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-07-18 - 6:12:00 PM GMT
'i Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-07-18 - 8:30:55 PM GMT- IP address: 204.133.39.9
Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-07-18 - 8:31:25 PM GMT - Time Source: server- IP address: 204.133.39.9
E. Document emailed to Derek Werner (derek.werner@yahoo.com) for signature
2019-07-18 - 8:31:27 PM GMT
112E
Email viewed by Derek Werner (derek.werner@yahoo.com)
2019-07-18 - 8:35:36 PM GMT- IP address: 69.147.91.62
Adobe Sign
'n Document e -signed by Derek Werner (derek.werner@yahoo.com)
Signature Date: 2019-07-18 - 8:38:30 PM GMT - Time Source: server- IP address: 65.102.217.122
Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-07-18 - 8:38:31 PM GMT
Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-07-18 - 8:45:06 PM GMT- IP address: 204.133.39.9
Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-07-18 - 11:58:27 PM GMT - Time Source: server- IP address: 204.133.39.9
Signed document emailed to canaya@weldgov.com, Marta Arndt (marndt@weldgov.com), Karin McDougal
(weld-cboe@weldgov.com), Derek Werner (derek.werner@yahoo.com), and 2 more
2019-07-18 - 11:58:27 PM GMT
I
Adobe Sign
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: Derek Werner
Contact Email: derek.werner@yahoo.com
Contact Phone: 970-381-1657
Appeal Submitted: 01:29 PM July 10, 2019
Appeal submitted for:
R4628807 - WERNER DEREK D
405 STEVENS CIR, PLATTEVILLE
Legal: PVI OHFRD LOT 2A OLD HOMESTEAD FARM REPLAT D
Reason: Value Too High - N o improvements, no sales of comparable properties in the last year
Estimate of Value: $150,000.00
Document(s) Submitted:
Account: R4628807 - R4628807_INITIAL PROTEST.pdf
Account: All Accounts - 2019 Weld County Assessor 07-10-19 appeal Derek 405 stevens cr.doc
You have selected the following Date Preferences:
Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m.
Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m.
Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m.
Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m.
Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m.
Thursday, August 1, 2019, from 9:00 a.m. to 12:00 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.
We thank you for your submittal.
Weld County Board of Equalization
2019-2799
Thank you for submitting an appeal to the Weld County Assessor's Office. We will review the
information submitted and if we have questions we will contact you at one of the following:
Contact Information:
Contact Name: Derek Werner
Contact Email: derek.werner@yahoo.com
Contact Phone: 970-381-1657
Appeal Submitted: 02:13 PM May 20, 2019
Appeal submitted for:
R4628807 - WERNER DEREK D
405 STEVENS CIR, PLATTEVILLE
Legal: PVI OHFRD LOT 2A OLD HOMESTEAD FARM REPLAT D
Reason: Value Too High - No improvements, no sales of comparable properties in the last year
Estimate of Value: S 150,000.00
Document(s) Submitted:
Account: All Accounts - 2019 Weld County Assessor 5-16-19 appeal Derek 405 Stevens cr.doc
The Appeal process can take several weeks for us to complete. We will mail a decision on your
appeal by June 30th for real property and by July 10th for business personal property and/or oil and
gas.
We thank you for your submittal.
Weld County Assessor's Office
(970) 400-3650
Weld County Assessor
1400 N 17th Ave
Greeley, Co 80631
To Whom It May Concern:
I am appealing your tax value increase of
PVI OHFRD LOT 2A LD HOMESTE
26.854"/0
July 10, 2019
for the property of:
FARM RE PL AT D; R4628807
I have not done any improvements on my home for the year 2018 to cause this type of increase; nor has
there been any sale since 2017 to cause this increase. My property is smaller inside and also outside
compared to these similar properties and yet I am being assessed the same, you need to evaluate my
property less than these listed; and as stated on the 2019 Real Property valuation card that I received, my
increase should be 7.2% not 26.854%.
I have shown the differences between my properties and similar properties.
These are the followina nrooerties similar to mine:
Address
Bought
Increase
Percentage
Additional
items/descriptions
of
property
that
I do
not
have
407
Stevens
Cr
2007
65,181
26.8541
Larger
porch, more acres
and
land
square
footage
409
Stevens
Cr
2013
68,667
27.3969
It is listed
as 2
bedrooms
but
it
has
3,
larger
porch,
total
square
footage
is more,
more
acres
basement
and
land
square
square
footage
footage
more,
than
garage
I
square
have
footage
is more,
411
Stevens
Cr
2014
68,707
25.6105
4
bedrooms
and 3 bathrooms,
it
is
listed
as 5 rooms
same as mine but I
have
only
3 bed
2
bath
and
5 rooms,
total
square
footage is more,
basement
basement
footage
than
square
is
finished,
I
have
footage
wood
more,
deck,
garage
gas fireplace,
square
footage
more
is more,
land
square
413
Stevens
Cr
1998
70,733
27.1706
3
bathrooms,
it is listed
as 5 rooms
same
as
mine
but I
only
have 2
baths
and
5 rooms,
larger
porch,
total
square
footage
is more,
basement
square
finished,
footage
larger
more,
porch,
garage
more land
square
square
footage
is more, basement
footage
is
415
Stevens
Cr
2017
64,254
26.1522
Total
square
footage
is
more, basement
square
footage
more,
garage
square
footage
is more,
it
is
listed
as
a
1 story
and
it
is 2,
fin attached
garage,
larger
porch,
more
acres
and
land
square
footage
than I
have
421
Stevens
Cr
2017
69,378
27.0773
3
footage
fireplace,
bathrooms,
more,
7
more
rooms,
garage
acres
square
and
total
land
square
footage
square
footage
is
footage
is
more, larger
more,
than
I
basement
porch,
have
gas
square
427
Stevens
Cr
2017
70,447
27.9089
3
bathrooms,
it
is listed
as 5
rooms
same
as mine
but
I only
have 2
baths
and
5
rooms,
total
square
footage
is more,
basement
square
footage
and
land
more,
square
garage
footage
square
than
footage
I have
is
more, larger
porch,
more acres
431
Stevens
Cr
2017
62,568
24.9134
3 bathrooms,
it
is listed
as 5
rooms
same
as mine
but
I only
have 2
baths
and
5
rooms,
total
square
footage
is more,
basement
square
I
footage
fireplace,
have
more,
fin
attached
garage
square
-garage,
footage
more
is
acres
more,
and
larger
land
porch,
square
gas
footage
than
445
Stevens
Cr
2015
63,264
26.6335%
Total
square
footage
is more,
basement
square
footage
more, garage
square
more
footage
acres
and
is more,
land
square
it is listed
footage
as
than
a 1
story
I
and
have
it is 2,larger
porch,
447
Stevens
Cr
2014
63,264
26.6335%
Total
square
footage is more, basement
square
footage more, garage
square
more
footage
acres
and
is more,
land
square
it
is listed
footage
as
than
a 1
story
I
have
and
it
is 2, larger
porch,
I _ here is no rational reason that I should have an increase. I value my property at 150,000.
If you need any further information please contact me,
Sincerely,
Derek Werner
405 Stevens CR
Platteville, Co 80651 derek.wernergyahoo.com 970-381-1657
Hello