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HomeMy WebLinkAbout20172334.tiffSeptember 7, 2017 Weld County Board of Equalization P.O. Box 758 Greeley, CO 80632 Clerk to the Board, RECEIVED SEP 1 1 2017 WELD COUNTY COMMISSIONERS Re: Petition to State Board of Assessment Appeals Parcel: FRE 1WYNDH L1 Blk21 Wyndham Hill FG #1 Please find attached a copy of my Petition to Appeal to the Colorado Board of Assessment Appeals of the Weld County Board of Equalization decision regarding the assessment and valuation of my home provided under appropriate C.R.S. As provided under C.R.S. please provide all underlying data used in by the county in calculating the value of my home by the Assessor's Office and/or Weld County Board of Equalization in making its Determination of Value in the appeal of the above described parcel. Including but not limited to, Weld County Assessor's Sale Comparables Market Adjustment Grid used in determining the 2017 actual value as of the appropriate date. 0—OrvIrYwnica4;ors a(/ 18'f t-1 er, Pet loner 425 Eagle Butte Ave. rederick, CO 80516 cc : CtSRCCWf tDi Ca -Cali) c/(I/17 a©t7- Q339 as OOcri C:\UsersVohn\DATA 1\Weld County Property Tax Protest \Weld Co Board of Equalization Ltr 9-7-17.doc PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 864-7710 Denver, Colorado 80203 Fax: (303) 864-7719 Property Owner: Subject Property: Schedule Number(s): Date: ?PO7 Joi,,ii,Q P4,ek'E,2 Street Address City Appeals the decision of the This appeal concerns:3Valuation 0 Refund/Abatement ❑ Exemption 0 State Assessed Tax Year: The subject property is currently classified as: ❑Agricultural 0 Commercial ❑Mixed -Use ❑Oil & Gas ❑ Vacant Land esidential ❑ h -Exempt (or Partially Non -Exempt) ❑ State Assessed 0 Personal Property ❑Other: The subject property should be classified s (if different than the current classification): Actual value assigned to subject proper :37g./ 07y / Petitioner's estimate of value. 345' aold Estimated time for Petitioner to present the appeal: minutes or / Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. hours. Appearance: For Office Use Only Docket No. Fee: V N Check/Credit Card # P F H CO re 616 Attach separate sheet if necessary 4,0/ oard of Equalization Gr ❑Board of Commissioners Dated: 5O41 County ❑State Property Tax Administrator 0/7 petitioner will be present at the hearing Petitioner will be represented by an agent ❑Petitioner will be represented by an attorney ['Petitioner will appear by telephone Petitioner is responsible for 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 at 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 one 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). ❑$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 explain why you disagree with the value assigned to the subject property: VALUE 4SCiptia Ta lids prtip y i s ,a CAS AN / Wait !/# 6 Jl l irs G 7772 Bu h,t<<er !/SEQ As de, wAtf i t tr s / - F se r�,v9 C'sv turkw 7Z4Air, eitiht - 4 / AJ wig, ii Ape ve7--sinli e 7? 7X� edi L� �etILcr . .� Plalc )Nce�r,�sr 4De vy- �vf�1'oese war at �ve�9�oi�,v SRN ilvCReAdf, II Required attachments to this form: 34 ❑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: ❑A 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, faxed or hand delivered to: LO County at the following address: PD. on (Board of Equalization ❑ Board of Commissioners ❑ State Property Tax Administrator I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to all co -owners or parties directly interested in the subject property on 9/711-, 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, Room 315, Denver, CO 80203 on Date (One copy may be faxed to the Board but the original and two additional copies PETITIONER'S MAILING ADDRESS IS REQUIRED EVEN IF PE Signature of Agent❑ or Attorney ❑ Printed Name Mailing Address City, State, Zip Code Telephone: E -Mail: ailed or hand delivered Ci y, tate, Zip Code Telephone: aytime number E -Mail: JB/'/ 77 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 ww.dola.Colordoov g/baa or may be requested by phone at 303-864-7710. Ant August 9, 2017 Petitioner: PARKER JOHN B 6425 EAGLE BUTTE AVE FREDERICK, CO 80516-2607 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 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2334 Appeal #: 2008216841 Hearing Date: 8/3/2017 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. 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4050106 Deny - Administrative Deny $372,074 $372,074 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 petitioners 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, 5,tz?(„,e .r./.Or4A Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor From: Duane Robson To: Esther Gesick Cc: Marta Arndt Subject: FW: CBOE Appeal - R4050106 - Parker Date: Wednesday, July 19, 2017 10:06:26 AM Attachments: R4050106 - Parker - 20172334.odf Hi Esther, We are in contact with Mr. Parker and I will get his sales information request as we move on to the BAA. We will not be preparing a packet for the CBOE since an Administrative Denial has been requested. Let me know if you have any questions. Thanks, duane 2,uaKe Ra oot Senior Appraiser Weld County Assessor's Office drobson@weldgov.com (970) 400-3689 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: Marta Arndt Sent: Wednesday, July 19, 2017 7:37 AM To: Duane Robson <drobson@weldgov.com> Subject: FW: CBOE Appeal - R4050106 - Parker From: Esther Gesick Sent: Wednesday, July 19, 2017 5:52 AM To: Marta Arndt <marndtPweldgov.com> Cc: Courtney Anaya <canayaPweldgov.com>; Jonathan Troyer <jtroyerPweldgov.com>; Chloe Rempel <cremoelPweldgov,com>; Esther Gesick <egesickPweldgov.com> Subject: FW: CBOE Appeal - R4050106 - Parker Good Morning Marta, I'm just following up on the email sent below. I'm not sure where you are in the process of the Appeal, or if you've even started it yet, but when you get a chance, please let me know how we should proceed with providing Mr. Parker with the information requested in his appeal letter (see attached). His hearing is currently scheduled of 7/31 at 3:00 p.m. Thank you, 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. From: Chloe Rempel Sent: Friday, July 14, 2017 12:24 PM To: Courtney Anaya <canayaPweldgov.com>; Jonathan Troyer <jtroverPweldgov.com> Cc: Esther Gesick <egesickPweldgov,com> Subject: CBOE Appeal - R4050106 - Parker Hello, In the attached document, the property owner formally requests that his appeal packet be sent to him. Would you mind also forwarding it to me as well? The attached letter is all he plans to submit because he would like an administrative denial so that he can appeal the State. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel.: 970-400-4225 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. July 11,2017 Weld County Board of Equalization P.O. Box 758 Greeley, CO 80632 To Whom It May Concern, RECEIVED JUL 1 4 2017 WELD COUNTY COMMISSIONERS Re: Notice of Appeal -Assessor's Valuation Assessor's Valuation of Property Value Parcel: FRE 1WYNDH L1 BIk21 Wyndham Hill FG #1 RHOSO(oco This is a Notice of Appeal of Weld County Assessor's Determination of Value for the above identified parcel at promulgated under 39-8-106(1)(a), C.R.S. My property valuation and reasons has been provided on the 2017 Real Property Protest Form dated and sent on May 17, 2017. In addition, I would like any and all information, data, exhibits, etc., used by the Assessor's Office in making its Determination of Value for the above described parcel. In particular, Weld County Assessor's Sale Comparables Market Adjustment Grid used in determining the 2017 actual value as of the appropriate date. 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