HomeMy WebLinkAbout20192696.tiffJuly 26, 2019
Petitioner:
LEVY GENE
265 S LOCUST ST
DENVER, CO 80224-1049
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
NOTICE OF DECISION
Docket 2019-2696 Appeal 2008224576 Hearing 7/26/2019 3:00 PM
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
R5561286 Deny - Denied in Full
$116,000 $116,000
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
o2 pi q- 02(0 9(v
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
Brenda Dones, Weld County Assessor
Valu • tion Report
of
Residential Improved Property
For
County Board of Equalization
LEVY GENE
Petitioner
vs.
Weld County Assessor's Office
Respondent
Docket Number: 2019-2696
Parcel Number: 1311312 31010
Schedule Number: R5561286
Appeal Number: 2008224576
Date: 2019-07-26
Time: 3:00 PM
Board: 1
Prepared By
Vermeda Gerkin
Assessor's Office Staff Appraiser
Assessor's Indicated Value
RESIDENTIAL $116,000
TOTAL: $116,000
Page 1 of 5
Subject Photo
General Description and Market Summary
Subject Site and Improvements
The subject property is located at 238 7TH ST in FREDERICK. The legal description of the property is
FRE 21082 L6-7 BLK34.
The subject is a ranch frame siding house constructed in 1906 of low quality materials. It has 576 square
feet of finished living area above grade, with 1 bedrooms and 'bathrooms. There is no basement or
garage.
Page 2of5
Market Approach Summary
The subject property has been classified as Residential for assessment purposes. Residential property
value shall be determined solely by consideration of the Market Approach to Value {39-1-103(5)(a),
CRS
As required by 39-1-104(10.2), CRS, the market value is determined by utilizing data from the period of
one and one-half years immediately prior to June 30th, 2018. If sufficient comparable valuation data is
not available within the eighteen -month time period, the assessor shall use market data from the five
year period immediately prior to June 30th, 2018. When appropriate, all sales are to be time adjusted to
the appraisal date of June 30th, 2018.
Although the appraisal date is June 30, 2018, the physical characteristics are reflective of the property as
of January 1, 2019.
The comparable sales in this report were selected using county records and the Multiple Listing Services.
The Weld County Assessor's Office has verified that the comparable sales are arms -length transactions
based on review of the Real Property Transfer Declaration, telephone or personal confirmation
interviews and physical inspections to confirm property characteristics at the time of sale.
DEFINITION OF MARKET VALUE: The most probable price, as of a specified date, in cash, or in terms
equivalent to cash, or in other precisely revealed terms, for which the specified property rights should
sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with
the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that
neither is under undue duress. {The Appraisal Institute}
The market value of the property as of June 30th, 2018 is:
Assessor's Indicated Value
RESIDENTIAL $116,000
TOTAL: $116,000
Page 3of5
Time Adjusted Sales Prices
By law, sales prices are time adjusted to the appraisal date of June 30, 2018. An adjustment for time
is made if during the sales collection period of January 2017 to June 30, 2018 the sale prices of
properties have appreciated or depreciated due to inflation or deflation. We refer to the adjustment
as a 'time' adjustment. If market conditions have not changed, no adjustment is required even
though considerable time may have elapsed. {C.R.S. 39-1-104...said level of value shall be adjusted
to the final day of the data -gathering period.}
Sales and resales of the same or similar properties are a good indication of the changes in market
conditions over time. In addition, we run simple linear regression where we graph the sales and the
month the sale occurred to indicate the trend of the market. This trend is tracked as a monthly rate
of change. Since we consider one of the most important aspects of market value to be location, we
determine our time trends by location, also known as economic area or neighborhood, and by the
use of the property (vacant land, residential, commercial).
Neighborhood 3021 has 29 sales with a month trend .720%.
NBHD: 3021
1.10
SOH
0
0
0
C
0
O O
0
0
Of
Linear 0.259
5.00
1 1
10.00 1 5.00
Page 4of5
TIMEINTV
ZOJUID 25.
Comparable 1
Comparable 2
Page 5of5
p
1•11111r°
111111a
111
O
2nd St
i 1 5
, , a ,
t : i
kJ -
,, LI
11
P
SUBJECT
3S 7TH ST . FF'.E .'EF'I =. E
1 r - f _
6th
COMPARABLE 1
237 8TH ST , FREDERICK
11
4T ST : FREDERICK
J
eh
a
e
WELD COUNTY ASSESSOR'S
Sales Comparables Market Adjustment Grid
Sale Date
Sale Price
TmAdj Sale Price
Parcel Number
Account Number
Street Address
Subject
$0
$0
131131231010
R5561286
238 7TH ST
TOTALIMPSF
TOTALLANDSF
NBHDANDEXT
OCCUPANCY
Built -As Description
Quality
Condition
Year Built
Adjusted Year Built
Residential SF
Baths
Basement Sq Feet
Basement Finish
Basement Walkout
Garage - Attached
Garage - Detached
Bonus Room - Tot SF
Land
OutBuilding
EXCLUDECODE1
Ag Land
576.000000
6250.000000
3021 - 00
Single Family Resid
Ranch 1 Story
Low
Below Typical
1906.000000
1940.000000
576.000000
1.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
42000.000000
0.000000
0.000000
0.000000
Final Market Value
Final Market Value / SF
$116,000.00
$201.39
Comp ## �I
12/09/2016
100000.00
113780.00
131131231005
R5560886
237 8TH ST
378.000000
6250.000000
3021 - 00
Single Family Residentie
Ranch 1 Story
Low
Below Typical
1935.000000
1935.000000
378.000000
1.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
42000.000000
0.000000
31.000000
0.000000
$0
$0
$0
$0
$0
$0
$0
($14,500)
$0
$14,256
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$ Adjustment
Gross % Adjustment
Net % Adjustment
Adjusted Sales Price
Adjusted Sales Price / SF
($244.00)
25.2733%
-0.2144%
$113,536.00
$197.11
Comp # 2
04/20/2018
178000.00
180581.00
131131213013
R5542986
337 4TH ST
946.000000
5875.000000
3021 - 00
Single Family Residentie
Ranch 1 Story
Fair
Below Typical
1950.000000
1956.000000
946.000000
1.000000
0.000000
0.000000
0.000000
0.000000
352.000000
0.000000
42000.000000
0.000000
31.000000
0.000000
$0
$0
$0
$0
$0
$0
$0
($22,000)
$0
($26,640)
$0
$0
$0
$0
$0
($12,144)
$0
$0
$0
$0
$0
$ Adjustment
Gross % Adjustment
Net % Adjustment
Adjusted Sales Price
Adjusted Sales Price / SF
($60,784.00)
33.6602%
-33.6602%
$119,797.00
$207.98
NOTICE OF DETERMINATION
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
LEVY GENE
265 S LOCUST ST
DENVER, CO80224-1049
RESIDENTIAL
RECEIVED
JUL 0 8 2019
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
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:
AL02 - The actual valuation of your property has been adjusted based on new information. This may
be information you have supplied, corrections of characteristics or additional sales.
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 16.
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):
15-DPT-AR
PR 207-08/13
R5561286
2019-2696
ASO 1O3
County Board of Equalization Hearings will be held from
July 25th through August 5t' 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/apps//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
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
www.dola.colorado.Qov/baa
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
lf 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.
AVM. :EQUALMATIO
Mittatige
What is your estimate of the property's value aursuant to § 3, 20106(1 8? ), (YourC.R.S.)opinion
n of value in terms of a
sp��eciQcific dollar amour is required for real property p
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.)
C,_ou N Us ; ac.c Pa -1e e itif gre,/J ie S.
District Court
Contact the District Court in the County
where the property is located. See your
local telephone, book for the address and
telephone number.
it". Al* s.., £.. rcv. F ,:j :,?,. : „';, 3.. •'s
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
n any attachments hereto are true and complete.
6/0/201 r
Signature
/ J Telephone Number / 5-00_24! Date
KJ J� 5 a L o C V J� T S+ +✓`umz-A ve-i c D-
Email Address
' Attach letter of authorization signed by property owner.
15-DPT-AR
PR 207-08/13
R5561286
July 22, 2019
Petitioner:
LEVY GENE
265 S LOCUST ST
DENVER, CO 80224-1049
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 2019-2696, AS0103 Appeal 2008224576 Hearing 7126/20193:00 PM
Account(s) Appealed:
R5561286
Dear Petitioner(s):
The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour of3:00
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
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