HomeMy WebLinkAbout20192861.tiffAugust 6, 2019
Petitioner:
CARDINALE JOE L
1881 SPRUCE DR
ERIE, CO 80516-9721
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: 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
NOTICE OF DECISION
Docket 2019-2861 Appeal 2008224635 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
R5684586 Stipulated - Approved
Stipulated Value
$445,699 $430,000
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 R5684586
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF :
NAME:
ADDRESS:
Joe & Mary Jean Cardinale
1881 Spruce Drive
Erie, CO
80516-9721
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:
CR5-6 L6 BLK5 CARMACAR RANCHETTES
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 $445,699
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 $430,000
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:
FI
The hearing scheduled before the Board of Equalization on 8/1/19
at 9am be vacated.
A hearing has not yet been scheduled before the Board of Equalization.
1
ooIcieQ-c,1
ASO(03
DATED this 23rd
Joe L. Cardinale
'e 'Jul 23.
day of July
Petitioner(s) or Agent or Attorney
Address:
1881 Spruce Drive
Erie, CO 80516
Telephone: 3038283790
Docket Number R5684586
Stip-1.Frm
2019
'- 'X If M-
(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
rRumckt_Delm
County Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
R5684586/Cardinale
Final Audit Report
2019-07-24
Created: 2019-07-23
By: Courtney Anaya (canaya@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAJFOdT-8LgVrwUKVkFCYr8faNTL3iJflS
"R5684586/Cardinale" History
Document created by Courtney Anaya (canaya@co.weld.co.us)
2019-07-23 - 2:21:09 PM GMT- IP address: 204.133.39.9
Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval
2019-07-23 - 2:21:10 PM GMT
o Document approved by Courtney Anaya (canaya@co.weld.co.us)
Approval Date: 2019-07-23 - 2:21:25 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Marta Arndt (marndt@weldgov.com) for approval
2019-07-23 - 2:21:26 PM GMT
Email viewed by Marta Arndt (marndt@weldgov.com)
2019-07-23 - 2:24:20 PM GMT- IP address: 204.133.39.9
Document approved by Marta Arndt (marndt@weldgov.com)
Approval Date: 2019-07-23 - 2:26:30 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-07-23 - 2:26:32 PM GMT
Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-07-23 - 4:05:27 PM GMT- IP address: 204.133.39.9
`) Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-07-23 - 4:06:25 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Joe L. Cardinale (goldprospector1881 @gmail.com) for signature
2019-07-23 - 4:06:27 PM GMT
Email viewed by Joe L. Cardinale (goldprospector1881 @gmail.com)
2019-07-23 - 11:35:34 PM GMT- IP address: 71.218.242.241
Adobe Sign
& Document e -signed by Joe L. Cardinale (goldprospector1881 @gmail.com)
Signature Date: 2019-07-23 - 11:46:03 PM GMT - Time Source: server- IP address: 71.218.242.241
Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-07-23 - 11:46:05 PM GMT
Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-07-24 - 0:05:03 AM GMT- IP address: 204.133.39.9
Oro Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-07-24 - 12:11:38 PM GMT - Time Source: server- IP address: 204.133.39.9
Q Signed document emailed to canaya@weldgov.com, Marta Arndt (marndt@weldgov.com), Karin McDougal
(weld-cboe@weldgov.com), Courtney Anaya (canaya@co.weld.co.us), and 2 more
2019-07-24 - 12:11:38 PM GMT
Adobe Sign
0I
NOTICE OF DETERMINATION
Z mom.; I
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
ACCOUNT NO.
2019
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
R5684586
2390
EL
w
z
O
w
a.
O
U.
CARDINALE JOE L
1881 SPRUCE DR
ERIE, CO 80516-9721
CR5-6 L6 BLK5 CARMACAR RANCHETTES
1881 SPRUCE DR WELD
RESIDENTIAL
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
445,699
445,699
TOTAL
445,699
445,699
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):
2019-2861
A30 k o3
15-DPT-AR
PR 207-08/13
R5684586
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 26th 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/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 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 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.gov/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
specific dollar amount is 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 cost, appraisal, etc.)
SEA H-ril t 1S'
ATTESTATION
I, the undersigned owner or agents of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
EL XO:3.- K2S-.3'79O .5ULY 10) 2O19
Date
Signature
Telephone Number
v\cLvy"'cci_oaninct le, c'irc:y\ cow.
Email Address
'Attach letter of authorization signed by property owner.
15-DPT-AR
PR 207-08/13
R5684586
Chloe Rempel
From:
Sent:
To:
Subject:
Attachments:
Joe Cardinale <goldprospector1881@gmail.com>
Friday, July 12, 2019 7:18 PM
CTB-County Board of Equalization
Appeal of the Notice of Determination on Account No. R5684586
NoticeOfDetermination0001 jpg; 2019 Appeal Proceduires0001.pdf;
OwnersAppeal2019.docx
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.
This email is in reference to Account No. R5684586 and the assessment by the Weld County assessor for the real
property which my wife and I own at 1881 Spruce Drive, Erie, Co 80516. I have attached to this email both sides of the
Notice of Determination and Appeal Procedures document containing my signature, telephone number and my wife's
email address were I would like any additional communication mailed to.
I have also attached my appeal documentation stating the reason for my appeal and listing the issues involved, the
needed repairs needed to bring our home up to those that have sold in the area and their associated costs. Please
review these documents and know that I have endeavored to show, honestly and accurately, the reasoning behind our
appeal and the costs involved. As stated in the appeal document, my wife and I gladly invite the Weld county assessor
to come into our home to verify our assessment of the issues and the present condition of our home. Please forward
any further email communication concerning this issue to my wife's email, marycardinale0@gmail.com
Sincerely,
Joe L. Cardinale
1
1
Account number: R5684586
July 9, 2019
OWNERS APPEAL TO ASSESSOR'S DECISION
Property Owner: Joe L. Cardinale
Phone: Home 303-828-3790 Cell 303-475-7588
Email marycardinale0@gmail.com
Account/Schedule Number: R5684586
Reason for Appeal: Assessment does not reflect the true condition of our home as compared to those homes
that have sold or are for sale in our area.
I, Joe L. Cardinale, along my wife, Mary Jean Cardinale, do hereby protest the real property assessment
presented in the "2019 REAL PROPERTY NOTICE OF VALUATION" given by the Weld County assessor for our 1.43
acre property and home at 1881 Spruce Dr., Erie, Colorado, 80516.
We are aware of how assessments for residential properties are performed and that a government appraiser
formed Weld County real assessments for 2019 through the review of the actual sales of home(s) comparable to
ours in our area between January 2017 and June 30, 2018. We feel we must make you aware that, unlike most
homes sold or prepared for sale in our area, our home has never received any repairs since its construction in
1979. We also assume that the extensive repair needs of our home were not part of the available information
used for the estimate of our home's valuation, so we are documenting these repair needs in this document.
Given its present condition and its needs for upgrade, we estimate our home to be only worth $311,442 not
$445,699, given that at least $134,257 is needed to repair and update our home to be competitive with the
condition of the home, that recently sold in our subdivision. During our last assessment done in 2017 there was
a recognition by the Weld county assessor of the age of our home (built in 1979) and its need for remodeling
along resulting in an associated reduction in the assessment. We question why our present appeal using the
same justifications has been ignored or not given the same consideration? Because of the rejection of our
appeal by your present assessor, we decided to appeal to the County Board of Equalization for further
consideration. We have also given some actual estimates of the real costs for the upgrades we feel are needed
for our home to be comparable with homes that sold in our area.
Given the condition of our home, built in 1979, we have created a list of the issues, all upgrades needed to make
our home comparable and their approximate costs. We hope you accept our justification and we gratefully
invite the Weld county assessor to come into our home to verify our assessment of its present condition.
Below is a list of repairs/replacements and costs needed for our 40 year old home:
1. Our basement area of 624 sq. ft. is unfinished and needs a design plan, and subsequent wall, ceiling and
flooring construction to become the livable area to be comparable to homes in the area. Cost = $25,840
2. The foundation and its surrounding soil have subsided over 38 years. Garage floor, basement floor,
living room and office floor, as well as front and back patio concrete, are badly cracked, off level and
distorted. Indoor floors need flooring removal/replacement, and all require mud jacking, crack repair
and/or concrete replacement. Cost = $4800
2
Account number: R5684586
3. Rock fireplace and rock chimney concrete slab has also settled and chimney has pulled away
approximately %2 to 3/ in all along the east house wall causing drywall cracking and storm leakage.
Drywall needs repair and the fireplace slab needs mud jacking and fireplace/house seal needs repair.
Cost = $950
4. This soil subsidence has also caused two door frames to lose support on lower tracks.
Subsequently these frames have been bent by the downward pressure of the glass doors. The two glass
sliding doors no longer slide easily but must be pulled with excessive force. Door frames must be
inspected, and effectively re -supported before any new glass doors can even be installed. Cost = $480
5. All 17 double -paned windows and the 2 glass sliding doors are all original. Most have lost their vacuum
seal and screens are missing. All need replacement. Cost = $24,708
6. Exterior house wood siding has not been painted since 1992. It has since deteriorated and needs repair,
pressure washing, priming and painting. Cost = $3250
7. The popcorn ceilings, which are throughout the home, need assessment for asbestos and the popcorn
surface needs to be removed, retextured and repainted. Cost = $22,358 (this cost estimate assumes no
asbestos contamination therefore does not include any asbestos abatement)
8. The three baths are all original and very dated and substandard to today's expectations. They need new
toilets, sinks, tub, tile and flooring. Cost = $7950 +$6375 +4830 = $19,155
9. Kitchen cabinets, countertops and backsplash are all original. Cabinets and countertops are dated as
well as damaged and need repair or replacement. Tile is damaged and needs new installation. Flooring
is also damaged and new flooring needs to be installed. Cost = $18,480
10. Main floor carpeting and front entry is original, is damaged and needs replacing. Cost = $5740
11. Banisters are old, scratched and generally unsightly. They need replacing. Cost = $1422
12. Wood deck is original, becoming unstable and needs repair/replacement. Cost = $1804
13. Clothes washer and dryer are original, only partially working and need replacement. Cost = $2879
14. Driveway asphalt is cracking and deteriorating because of the emergence of roots coming from a dying
tree. Our neighbor has had similar tree damage and had to have tree removed. Cost = $1643
15. One skylight is cracked and needs replacing and another skylight is leaking and needs its metal flashing
repaired. Cost = $748
According to the information we see on your site, only one home sold in our area between January 2017 and
June 2018 and we know that this home has had upgrades and remodeling with newer appliances, etc. Although
we would love to have our home upgraded, we have not been able to afford to fix the above issues, given our
income on social security. We feel that the above issues should undoubtedly be taken into account in
determining the true value of our home. Again we invite the county assessor to come into our home to verify
the validity of these issues.
Sincerely,
Joe L. Cardinale and Mary Jean Cardinale
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