HomeMy WebLinkAbout20193287.tiffAugust 6, 2019
Petitioner:
MUELLER JOSEPH LEWIS JR
3096 MEADOWBROOK PL
DACONO, CO 80514-8522
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 2019-3287 Appeal 2008225190 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
R3141904 Stipulated - Approved
Stipulated Value
$400,106 $335,117
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 R3141904
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF
NAME
ADDRESS
Joseph and Nicole Mueller
3096 Meadowbrook Place
Dacono, CO
80514-8522
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
DAC 1SG L8 BLK2 SWEETGRASS FG1 FINAL PLAT
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 $400,106
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 $335,117
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
Changed condition of home to below typical
7 Both parties agree that
The hearing scheduled before the Board of Equalization on 8/5/19
at 10 30am be vacated
nA hearing has not yet been scheduled before the Board of Equalization
1
Otc-3Dg"7
A.SOt03
DATED this 1st day of August 2019
Joseph / muollorjr
teller jr 'Aug 1
Petitioner(s) or Agent or Attorney
Address:
3096
meadowbrook pl.
Dacono 80514
Telephone: 303-833-4014
Docket Number R3141904
Stip-1.Frm
'ACM /I t. 17&%)-r,��
(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
R3141904/Mueller
Final Audit Report
2019-08-02
Created: 2019-08-01
By: Debra Jakino (djakino@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAA4QrwbbS9PoBFaEFggieSkOptb7uUkRgu
"R3141904/Mueller" History
t Document created by Debra Jakino (djakino@co.weld.co.us)
2019-08-01 - 10:15:18 PM GMT- IP address: 204.133.39.9
Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval
2019-08-01 - 10:15:19 PM GMT
Document approved by Debra Jakino (djakino@co.weld.co.us)
Approval Date: 2019-08-01 - 10:15:26 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Marta Arndt (marndt@weldgov.com) for approval
2019-08-01 - 10:15:27 PM GMT
Email viewed by Marta Arndt (marndt@weldgov.com)
2019-08-01 - 10:16:02 PM GMT- IP address: 204.133.39.9
co Document approved by Marta Arndt (marndt@weldgov.com)
Approval Date: 2019-08-01 - 10:22:47 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-08-01 - 10:22:48 PM GMT
Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-08-01 - 10:40:50 PM GMT- IP address: 204.133.39.9
-ro Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-08-01 - 10:41:09 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to joseph I mueller jr (joemueller3096@gmail.com) for signature
2019-08-01 - 10:41:11 PM GMT
Email viewed by joseph I mueller jr (joemueller3096@gmail.com)
2019-08-02 - 6:33:15 PM GMT- IP address: 64.233.172.198
4111114111
Adobe Sign
% Document e -signed by joseph I mueller jr (joemueller3096@gmail.com)
Signature Date: 2019-08-02 - 6:35:31 PM GMT - Time Source: server- IP address: 174.16.200.104
Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-08-02 - 6:35:39 PM GMT
in Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-08-02 - 7:08:16 PM GMT- IP address: 204.133.39.9
CSo Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-08-02 - 7:08:55 PM GMT - Time Source: server- IP address: 204.133.39.9
Q Signed document emailed to canaya@weldgov.com, joseph I mueller jr (joemueller3096@gmail.com), Debra
Jakino (djakino@co.weld.co.us), Marta Arndt (marndt@weldgov.com), and 2 more
2019-08-02 - 7:08:55 PM GMT
Adobe Sign
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: Nicole Mueller
Contact Email: nicolecolorado777@yahoo.com
Contact Phone: 720-838-7916
Appeal Submitted: 07:07 AM May 05, 2019
Appeal submitted for:
R3141904 - MUELLER JOSEPH LEWIS JR
3096 MEADOWBROOK PL, DACONO
Legal: DAC 1SG L8 BLK2 SWEETGRASS FG1 FINAL PLAT
Reason: Value Too High - Master bathroom is not usable. Structural issues and unimproved property
compare to similar properties Plumbing issues and electrical issues
Estimate of Value: $345,000.00
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
AS 0/03
July 31, 2019
Petitioner:
MUELLER JOSEPH LEWIS JR
3096 MEADOWBROOK PL
DACONO, CO 80514-8522
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldqov.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 2019-3287, AS0103 Appeal 2008225190 Hearing 8/5/2019 10:30 AM
Account(s) Appealed:
R3141904
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 5, 2019, at or about the hour of
10:30 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, 2019, 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 to assessor@weldgov.com. 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.
o?O/Q -.3a2 7
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, Assessor
Esther Gesick
From:
Sent:
To:
Subject:
Karin McDougal
Wednesday, July 31, 2019 8:49 AM
Esther Gesick; Chloe Rempel
FW: Possible Invalid Appeals - needing determination to schedule
Can we schedule these 5 for for 10:30 Monday?
From: Brenda Dones <bdones@weldgov.com>
Sent: Wednesday, July 31, 2019 8:47 AM
To: Karin McDougal <kmcdougal@weldgov.com>
Subject: RE: Possible Invalid Appeals - needing determination to schedule
Hi Karin,
We are in support of scheduling hearings on these for Monday 8/5. We would like to begin contacting them
immediately so we can identify their concerns and determine if there is any room for adjustment. We would
recommend they be scheduled at 10:30 Monday morning because we believe we will either reach an agreement with
DCP or recommend an Admin Denial.
Thanks,
13renda
Brenda Dones
Weld County Assessor
970-400-3699
bdones@weldgov.com
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: Karin McDougal <kmcdougal@weldgov.com>
Sent: Tuesday, July 30, 2019 5:33 PM
To: Brenda Dones <bdones@weldgov.com>
Subject: Fwd: Possible Invalid Appeals - needing determination to schedule
The two with the yellow envelopes in the pictures are the ones that mailed to BAA. Thanks.
Karin
1
Sent from my iPhone
Begin forwarded message:
From: "Esther Gesick" <egesick@weldgov.com>
To: "Karin McDougal" <kmcdougal@weldgov.com>
Cc: "Chloe Rempel" <crempel@weldgov.com>, "Esther Gesick" <egesick@weldgov.com>
Subject: Possible Invalid Appeals - needing determination to schedule
Karin,
Here are the four remaining Accounts that were received late but have questionable circumstances
needing further review and determination of whether to schedule, or not.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
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.
2
July 24, 2019
Petitioner:
ATTN: NICOLE MUELLER
3096 MEADOWBROOK PLACE
DACONO, CO 80514-8522
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 INVALID APPEAL
Account No.: R3141904
Dear Petitioner:
The Weld County Board of Equalization ("OBOE"), pursuant to Colorado law, has authority to hear
petitions for appeal from persons whose objections to, or protests of, excessive, erroneous, or illegal
valuation have been refused or denied by the County Assessor. However, for tax year 2019, the County
Board of Equalization may hear only those matters which were received by the OBOE, or postmarked on
or before July 15, 2019, for real property, or July 20, 2019, for personal property. Your petition was not
timely received. Therefore, the County Board of Equalization does not have jurisdiction to hear your
appeal and thus, your petition is dismissed.
Very truly yours,
BOARD OF EQUALIZATION
W
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
Chloe Rempel
From:
Sent:
To:
Subject:
Hi Chloe,
Dave Seabeck
Tuesday, July 23, 2019 10:19 AM
Chloe Rempel
FW: CBOE appeal
I helped a person initiate their CBOE appeal online on July 1. The appeal was not completed and now they are contacting
me trying to understand why the case is closed.
I spoke with Nicole Mueller on the phone that day, then wrote the email below after our conversation ended.
The account number is R3141904.
Joseph Mueller is the husband and wants me to call him back at 303-833-4014.
There is another email with basically the same content that I will forward to you as well.
Thanks,
Dave Seabeck
Web Developer
Department of Information Technology
Weld County Government
1401 N 17th Ave
Greeley, CO 80631
970-400-2537
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: nicole mueller <nicolecolorado777@yahoo.com>
Sent: Monday, July 22, 2019 6:29 PM
To: Dave Seabeck <dseabeck@weldgov.com>
Subject: Re: CBOE appeal
Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
I thought the appeal went through and was finished. I was told I didn't have to do anything further
1
On Mon, Jul 1, 2019 at 3:14 PM, Dave Seabeck
<dseabeckweldgov.com> wrote:
Hi Nicole,
I'm sorry it was such a long process on the phone, but I hope we were able to get you going again.
I wanted to clarify that I was able to import your information from your previous appeal to open this new process, but it
is not complete. You will have to finish filling out the information and submit it to finalize this second appeal.
All the best,
Dave Seabeck
Web Developer
Department of Information Technology
Weld County Government
1401 N 17th Ave
Greeley, CO 80631
970-400-2537
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.
2
Hello