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Home My WebLink About20193629.tiff75`t79 ,/),Kr ram(0�5E5�� sea s /4 O!3 PV:o2o5 3/5� .� �f� nQ r-�� #id. to tiP atioyfocevileifvforioll— c°Y�'• ID?q �° Fah 9l/ l� pglal/'l - cYfON d//dJi74e realDT1�c7]'�� wet, v)f 7r ext-I /oe ler," fi 143Y�a�r>? �47(--er/oti e fl Yia, eo coy .11/e e9 I fc ceetefoiv olve�iSt i`h lv�'/fr`�l asy164t �� !Jf uNys -P vl'� 94040kl�C7-� ?er'- �5� �iilz� ��S tryo�C f - �Y e1Y rry �v a74g./)c 2,?2.-.11/ aOMMuniceKtiorN5 (IfQ1ii9 o‘a-3c.D9 GtsoiO3 BOARD OF ASSESSMENT APPEALS, STATE OF COLORADO 1313 Sherman Street, Room 315 Denver, Colorado 80203 Petitioner: ROSS BACHOFER Respondent: WELD COUNTY BOARD OF EQUALIZATION ORDER TO SHOW CAUSE Docket #: 75479 THE BOARD OF ASSESSMENT APPEALS set this matter for hearing on December 6, 2019. The deadline for submission of documents pursuant to Rule 11 was set on November 8, 2019. As of the date of this Order to Show Cause, the Board has not received the exhibits from Petitioner. ORDER: On or before November 22, 2019, Petitioner is ordered to show cause to the Board, in writing, why at the hearing scheduled on December 6, 2019, the presentation of your case should not be limited to oral testimony and no documentary evidence or exhibits being allowed. FAILURE TO RESPOND TO THIS ORDER IN WRITING BY NOVEMBER 22, 2019 WILL RESULT IN PETITIONER BEING LIMITED TO THE PRESENTATION OF ONLY ORAL TESTIMONY. HAVING COMPLIED WITH THE RULE 11 DEADLINE, RESPONDENT MAY PRESENT BOTH ORAL TESTIMONY AND DOCUMENTARY EVIDENCE. DATED and MAILED this 15 day of iVove4e/, 2019. BOARD OF ASSESSMENT APPEALS By: Kristin Rozansky, Administrator Chloe Rempel From: Sent: To: Subject: Attachments: Ross Bachofer <thebachofer@yahoo.com> Thursday, November 21, 2019 11:39 AM baa@state.co.us; CTB-County Board of Equalization; Ross Bachofer; Michael Bachofer; Baruch Bachofer; Nathan Walters Docket #75479 (Board of Assessment Appeals) Scanned from a Xerox Multifunction Printer.pdf 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. 1 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: BAA, DOLA <dola_baa@state.co.us> Thursday, November 21, 2019 11:52 AM Ross Bachofer; Karin McDougal baa@state.co.us; CTB-County Board of Equalization; Michael Bachofer; Baruch Bachofer; Nathan Walters Re: Docket #75479 (Board of Assessment Appeals) Scanned from a Xerox Multifunction Printer.pdf 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. Hello, Please see Petitioners emailed response below. Thank you, Board of Assessment Appeals 0 (303) 864-7710 I 1313 Sherman Street, Room 315, Denver, CO 80203 BAA®state.co.us i www.cotorado.gov/dola/baa Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. On Thu, Nov 21, 2019 at 11:44 AM Ross Bachofer <thebachofer@vahoo.com>wrote: 1 BOARD OF ASSESSMENT APPEALS State of Colorado 1313 Sherman Street #315 Denver, CO 80203 FOR BOARD USE ONLY ❑ ROSS BACHOFER Petitioner, v. WELD COUNTY BOARD OF EQUALIZATION, Respondents. Bruce T. Barker, #13690 Weld County Attorney By: Karin McDougal, #48541, Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E -Mail: kmcdougal@weldgov.com Docket Numbers: 75479 Schedule R5270886 OBJECTION TO RULE 11 DISCLOSURES AND MOTION TO DISMISS COMES NOW, Respondent Weld County Board of Equalization (WCBOE), by and through its undersigned attorney and moves the Board Assessment of Appeals (BAA) to deny the submission of Petitioner's Rule 11 materials submitted after the Rule 11 deadline and to dismiss the case allowing the WCBOE value to stand. In support of this Respondent offers as follows: 1. On July 26, 2019, The Petitioner received a partial denial from the WCBOE on his valuation protect. Petitioner received written material regarding his appeals right with his denial letter which was mailed on or about the same day. Petitioner was able to properly file a Petition for review of the WCBOE decision on August 2, 2019. 2. The appeal hearing was set for December 6, 2019 by the BAA. 3. The BAA rules require that exchange of initial information be submitted 28 days before the hearing deadline. In this case, that meant that parties had to exchange information by November 8, 2019. 4. On November 7, 2019, Respondent emailed its disclosure documents to the BAA and mailed the disclosures by federal express overnight mail to the Petitioner. Respondent did not receive any documents from the Petitioner until November 18, 2019, which is 10 days past the Rule 11 deadline. 5. The delay in receiving this information affects Respondent's ability to provide rebuttal evidence and properly prepare for the hearing on December 6, 2019. 6. Instructions regarding the Rule 11 deadline is clearly stated on the "Dear Petitioner Letter" on the BAA website and available to the Petitioner. Petitioner has a duty to review the rules and comply with the requirements as Respondent does as well. 7. Additionally, since Petitioner did not provide any disclosure information to refute the value set by the WCBOE. Without any information to refute the value set by the WCBOE and with the information provided in Respondent's disclosures the evidence shows that the value set by the WCBOE is appropriate. WHEREFORE, Respondent WCBOE requests that the BAA do the following: 1. Deny submission of the Petitioner's Rule 11 Disclosure as it failed to meet the deadline required by the BAA rules. 2. Dismiss Petitioner's appeal of the WCBOE because Petitioner failed to provide any refuting information for the Respondent's set value of the property. Without any refutable information, the WCBOE value should stand and the appeal should be dismissed. 3. In the alternative, if the BAA chooses to allow the information submitted after the deadline and proceed with the case, the Respondent asks for additional time to submit rebuttal information. Respectfully Submitted, DATED this 21' day of November, 2019. BRUCE T. BARKER WELD COUNTY ATTORNEY By: /s/ Karin McDougal KARIN MCDOUGAL #48541 Assistant Weld County Attorney CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing OBJECTION TO RULE 11 SUBMISSION AND MOTION TO DISMISS was provided via email to: Ross Bachofer thebachofer@yahoo.com DATED this 21S` day of November, 2019. /s/ Karin McDougal #48541 RECEIVED r, PETITION TO STATE BOARD OF ASSESSMENT APPEAE�-® COUNT 1313 Sherman Street, Suite 315 Phone: (303) 864-7710 �OeSSIONER Denver, Colorado 80203 Email: baa@state_co.us Property Owner: Subject Property: Schedule Number(s): st� to 7C1 5' Attach separate sheet if necessary Appeals the decision of the County Date: Cl and of Equalization Board of Commissioners ❑ State Property Tax Administrator This appeal concerns:Valuation ❑ Refund/Abatement ❑ Exemption ❑ State Assessed The subject property is currently classified as: Fee Y N Check/Credit Card p P tt Q6 Tax Year: Ili jAgricultural ❑Commercial OMixed-Use ❑Oil & Gas ❑Non -Exempt (or Partially Non -Exempt) ❑Vacant Land ❑ Residential O State Assessed ❑ Personal Property ❑Other: The subject property should be classified as (if different than the current classification): Actual value assigned to subject property: 2. 626Y Petitioner's estimate of value: Estimated time for Petitioner to present the appeal: minutes or /4'- hours. Not less than 30 minutes. Board will allow equal lime to County or Property Tax Administrator. Appearance: Petitioner will be present at the hearing Petitioner will be represented by an agent El Petitioner will be represented by an attorney ❑$33.75 Petitioner is appearing pro se (self -represented) and has filed more than two petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). ❑$101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please expla'n wtrhy you disagree,with the value assigned to thq,.subject property: ❑ Petitioner will appear by telephone Petitioner is responsible (or calling the Board at 303-864-7710 on the scheduled date and time of the hearing (Mountain Time Zone) ❑ Petitioner would like to appear by video conference Petitioner must contact the Board al 303-864-7710 at least 21 days in advance of the scheduled hearing to confirm availability of video conference equipment. If the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows: A closely held entity may be represented by an officer of the entity as long as the amount in controversy does not exceed $15,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. See Section 13-1-127, 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. A trust filing a petition may be represented by a trustee, an 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). l.AV MUrliCo 1- onS ° SR(fl0/cjr 1/ co.). Ccx. od/O71 (9 2019-3629 ASO103 Required attachments to this form: Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: DA 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 correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, or hand delivered to: County at the following address: on Date ❑ Board of Equalization ❑ Board of Commissioners 0State Pr perty Tax Administrator ft 6cK751 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 Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Suite 315, Denver, CO 80203 on PETITIONER'S MAILING ADDRESS IS REQUIRED EVEN IF PETITIONER IS REPRESENTED BY 4N AGENT OR ATTORNEY Signature of Agent0 or Attorney❑ Punted Name Mailing Address City, State, Zip Code City, State, Zip ode Telephone: Telephone: " E -Mail: E-Mail:l ... h It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and 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.Coiorado.gov/ba;a or may be requested by phone at 303-864-7710. July 26, 2019 Petitioner: BACHOFER ROSS 7525 US HIGHWAY 85 FORT LUPTON, CO 80621-8809 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldciov.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 2019-2899 Appeal 2008224727 Hearing 7/26/2019 10:30 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 R5270886 Adjust - Denied in Part $276,000 $227,000 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 Hello