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HomeMy WebLinkAbout20182141.tiffAugust 2, 2018 Petitioner: GOETZ JUDY 4201 W 23RD ST GREELEY, CO 80634-3825 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2018-2141 Appeal #: 2008217943 Hearing Date: 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. Section 39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2018. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R2503686 Stipulated - Approved Stipulated Value $254,854 $232,000 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. Section 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, 2016, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 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. Section 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, Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R2503686 STIPULATION (As To Tax Year 2018 RE PETITION OF : NAME: ADDRESS: Goetz Actual Value) 4201 w. 23rd st Greeley, CO 80634 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2018 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: Real property. 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 2018 Total $240,000 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2018 actual value for the subject property: Total $232,000 5. The valuation, as established above, shall be binding only with respect to tax year2018 6. Brief narrative as to why the reduction was made: Mold remediation in progress, removed basement finish. 7. Both parties agree that: nThe hearing scheduled before the Board of Equalization on at be vacated. VIA hearing has not yet been scheduled before the Board of Equalization. 1 ao lg- W4 I cxso l GO DATED this 20 day of July , 2018 L,L4f Goetz Petitioner(s) or Agent or Attorney Address: 4201 W. 23rd. St. Greeley, Co 80634 (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone: 970-305-7297 Telephone:(970) 336-7235 C� WA Docket Number R2503686 Stip-1 .Frm County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 Adobe Sign Document History 07/25/2018 Created: 07/20/2018 By: Duane Robson (drobson@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA4g_amMdVDdd7p0wgQgbZiibEx2N_0b-O "R2503686 Goetz Stip" History Document created by Duane Robson (drobson@co.weld.co.us) 07/20/2018 - 11:27:42 AM MDT- IP address: 204.133.39.9 Document emailed to Duane Robson (drobson@co.weld.co.us) for approval 07/20/2018 - 11:27:44 AM MDT Document approved by Duane Robson (drobson@co.weld.co.us) Approval Date: 07/20/2018 - 11:27:54 AM MDT - Time Source: server- IP address: 204.133.39.9 Document emailed to Tom Chagolla (tchagolla@weldgov.com) for approval 07/20/2018 - 11:27:54 AM MDT Document viewed by Tom Chagolla (tchagolla@weldgov.com) 07/20/2018 - 11:28:46 AM MDT- IP address: 204.133.39.9 Document approved by Tom Chagolla (tchagolla@weldgov.com) Approval Date: 07/20/2018 - 11:31:18 AM MDT - Time Source: server- IP address: 204.133.39.9 Document emailed to Chris Woodruff (cwoodruff@co.weld.co.us) for signature 07/20/2018 - 11:31:18 AM MDT Document viewed by Chris Woodruff (cwoodruff@co.weld.co.us) 07/20/2018 - 11:33:22 AM MDT- IP address: 204.133.39.9 Document e -signed by Chris Woodruff (cwoodruff@co.weld.co.us) Signature Date: 07/20/2018 - 11:33:41 AM MDT - Time Source: server- IP address: 204.133.39.9 '. Document emailed to Judy Goetz (danceaway144@gmail.com) for signature 07/20/2018 - 11:33:42 AM MDT Document viewed by Judy Goetz (danceaway144@gmail.com) 07/24/2018 - 11:05:32 PM MDT- IP address: 66.102.6.17 Document e -signed by Judy Goetz (danceaway144@gmail.com) Signature Date: 07/24/2018 - 11:08:25 PM MDT - Time Source: server- IP address: 73.34.143.175 Document emailed to Bob Choate (weld-cboe@weldgov.com) for signature 07/24/2018 - 11:08:26 PM MDT Document viewed by Bob Choate (weld-cboe@weldgov.com) 07/25/2018 - 9:50:53 AM MDT- IP address: 204.133.39.9 Document e -signed by Bob Choate (weld-cboe@weldgov.com) Signature Date: 07/25/2018 - 9:55:14 AM MDT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to Chris Woodruff (cwoodruff@co.weld.co.us), Tom Chagolla (thagolla@weldgov.com), Judy Goetz (danceaway144@gmail.com), canaya@weldgov.com, and 2 more 07/25/2018 - 9:55:14 AM MDT Adobe Sign Chloe Rempel From: Sent: To: Subject: weld-cboe@weldgov.com Sunday, July 15, 2018 12:23 PM CTB-County Board of Equalization Board of Equalization Appeal Submitted Appeal Submitted: 12:22 PM on Sunday July 15, 2018 Contact Information Supplied: • Contact Name: Judy Goetz • Contact Email: danceaway144@gmail.com • Contact Phone: (970) 305 - 7297 • Email Preference: Don't contact through email Property: R2503686 - 4201 W 23RD ST , GREELEY Legal: GR VHR2-50 L50 BLK2 VIRGINIA HILLS SUB 1ST REPLAT Estimated Value: $ Unknown Reason: A serious mold issue has caused the deconstruction of the basement.The basement is down to the bare concrete. Our taxes are bases on the home being appox. 3200 square ft., but since the de -construction, our square footage is only approximately 1474 square ft.The value of my property has dropped considerably. I appeal to the County Board of Equalization for further consideration. Documents You have selected the following Date Preferences: July 31, 2018, at 3:00 p.m. - 4:30 p.m. July 31, 2018, at 1:30 p.m. - 3:00 p.m. 1 aolg- aIH I O\solo0 July 23, 2018 Petitioner: GOETZ JUDY 4201 W 23RD ST GREELEY, CO 80634-3825 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket #: 2018-2141, AS0097 Appeal #: 2008217943 Hearing Date: 7/31/2018 3:00 PM Account(s) Appealed: R2503686 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 31, 2018, at or about the hour of 3:00 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 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, 2018, 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 obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. 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. Very truly yours, BOARD OF EQUALIZATION • Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello