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HomeMy WebLinkAbout20172361.tiffAugust 9, 2017 Petitioner: ECHTERNACHT PAUL N 7306 HAROLD ST FORT LUPTON, CO 80621-4006 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 #: 2017-2361 Appeal #: 2008216952 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board M6775813 Stipulated - Approved Stipulated Value $18,338 $10,500 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 CI UNTY BOARD OF EQUALIZATION WELD COUNTY Single'County. Schedule Number M6775813. STIPULATION (As To Tax Year 2917 , Actual Value) RE PETITION OF : M6775813 NAME: PAUL ECHTERNACHT ADDRESS: 7306 HAROLD ST FORT LUPTON, , O • S 7 ,'4 T T Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2017 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: L5 BLIC24 ARISTOCRAT RANCHETTES IMPS ONLY 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 2017: Total $18,338400 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2017 actual value for the subject property: Total $10,500.00 5. The valuation, as established above, shall be binding only with respect to tax year 2017. 6. Brief narrative as to why the reduction was made: After further review of sales was able to lower value. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on (Date) at (Time) be vacated. M6775813 ■ EA hearing has not yet been scheduled before the Board of Equalization. 1 tep etit DATED tip' 4 19 day of J u1y,1)017. a er(s) or ge n Address; ..7316 iffiape4 Sd? _ • Telephone: 31734,57 z 6g53 Docket Number Stipe l sFrm s r M6775813 o ty Attorney Respondent, Weld County Bo Commissioners Address: 1150 O" Street P.0, Box 758 Greeley, CO 80632 T�e:(970) 336-7235 County As ' Sof. l Address: #1400 N,17th 7th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 From: To: Subject: Date: Attachments: weld-cboe@weldgov.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Friday, July 14, 2017 4:44:51 PM 2017 mobile home valuation.pdf 2017 valuation protest2.doc Appeal Submitted: 04:44 PM on Friday July 14, 2017 Contact Information Supplied: • Contact Name: Paul Echternacht • Contact Email: p_echternachtrq.com • Contact Phone: (303) 857 - 2583 • Email Preference: Contact through email Property: M6775813 - 7306 HAROLD ST , WELD Legal: L5 BLIK24 ARISTOCRAT RANCHETTES IMPS ONLY Estimated Value: 8500 Reason: See attached documents. Documents 1.) 2017_mobile _home _valuation.pdf 2.) 2017_valuation_protest2.doc You have selected the following Date Preferences: Schedule Number M6775813 Property Address 7306 Harold St Fort Lupton, CO History has been made! For the first time since being invented a single wide mobile home has increased in value, at least according to your office. And not just a little increase in value but a whooping 168 percent! That kind of increase simply isn't credible. Even the revised amount of $18,338 (a 103% increase) isn't credible for a DEPRECIATING ASSET. No one would pay $24,120 (or even $18,338) for a 21 year old mobile home (with problems) when a brand new unit of similar size and finish would run $25-30,000 delivered and installed, with factory warranties! The salesmen don't like selling them since there is almost n0 commission, but the factories do build them. Since the county doesn't publish access to mobile home sales data the way that real property sales data is published, it is not possible to present market data to support my position that your office has inflated the value of my mobile home. Hmm, might make a good test case... However, considering that the N.A.D.A. numbers are based on actual sales, as reported to the state, their numbers are based in reality. In researching the numbers for this letter I notice an interesting pattern: 1st valuation $24-26,000; 1st revised valuation $11-18,000; Final valuation $0,000 (except for the one year that was $11,0O0 I didn't think $2,000 was worth the extra round of protestation). I suggest that fair market value of the mobile home in question was $8,500.00 on June 30, 2016. I've also gone to the N.A.D.A. web site and according to their data the mobile home in question is only worth $7,311 today. Their report attached. Property Owner Paul N. Echternacht From: Paul Echternacht To: CTB-County Board of Equalization Subject: Re: Board of Equalization Appeal Submitted Date: Saturday, July 15, 2017 4:36:01 PM Attached jpegs of the doc. NADAguides.com Value Report Reference Number 394922 Edition May -June 2017 Date 05/30/2017 Year Mfg'd Manufacturer Trade Name State Region 1996 CO MO CHAMPION Unknown Floor Areas: Single -Wide Main Floor Area: 1. Base Structure Value Width Length 14 x 56 2. State Location Adjustment 3. Total Guide Book Retail Value (in average condition) 4. Condition Adjustment Selected: Fair 5. Condition Adjusted Value 6. Total Adjusted Value of Home Total Value $5,975.20 $5,975.20 106% $6;333.71 77 % $4,876.96 $4.876-96 7. Total Additional Features + $21434.60 B. Total Adjusted (Retail) Value of Home and Optional Equipment $7,311.56 Comments: This value report lies produced by using NADAguides.com's Manufactured Housing Online Request Form. This is an automated valuation tool that generates value reports based on user -selected home criteria. The value indication of this value report represents the depreciated replacement cost of the home and added features in retail dollars, and does not include adjustments for land, community "in place location value", or local market comparable sales. Disclaimer X11 values and related content contained within this National Appaisal Guides, Inc. product are the opinions of National Appraisal Guides, Ina editorial staff and may vary from home to home. Valuations will vary depending on rn arket conditions, home condition, sped1ications or other dinimstanoes that may Le particul-ar to a home trans action or parties In Rol Red with the transaction. National Appraisal Guides, Inc. values and products may not Ice copied or reproduced, nor distributed foi reasons that may exploit the information content o the corn pan y. 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Ftowei and Associates 2017, all rights reserved.. Page 1 of 3 NADAguides.com Value Report Reference Number 394922 Edition May -June 2017 Date 05/30/2017 Year Mfg'd Manufacturer Trade Name State Region 1996 CHAMPION Unknown CO MO ADDITIONAL FEATURES Description Unit of Quantity Measure Age Unit Price Total Value Components BATH FIXTURES Fiberglass Tub - Combo 1 ea. 5+ Yrs $191.00 $191.00 Total BATH FIXTURES $191.00 DOORS Storm Doors - Single -wide Deluxe House Type Exterior Door 1 2 all 5+ Yrs $ 71.00 $71.00 ea. 5+ Yrs $99.00 $198.00 Total DOORS $269.00 KITCHEN APPLIANCES 14 CF Refrigerator Dishwasher Garbage Disposal 1 ea. 5+ Yrs $191.00 $191.00 1 ea. 5+ Yrs $177.00 $177.00 1 ea. 5+ Yrs $37.00 $37.00 Total KITCHEN APPLIANCES $405.00 MISCELLANEOUS Clothes Washer Clothes Dryer I 5+ Yrs $190.00 $190.00 1 ea. 5+ Yrs $145.00 $14 5.00 Total MISCELLANEOUS $335.00 PLUMBING Stainless Steel Sink 1 ea. 5+ Yrs $92.00 $92.00 Total PLUMBING $92.00 WINDOWS Skylight 1 ea. Storm Windows (Std or Self -Storing) - Single -wide 1 all 5+ Yrs 5+ Yrs $133.00 $228.00 $133.00 $228.00 Total WINDOWS $361.00 Total Components $1,653.00 Cap ight ©2017 National App aisal aiides Inc. All rights reserk�ed. National Apnisal Guides, Inc. is asl ategic ally of „ID Pouvei and Associates. © J.D. Power and Assod aces 2017, all rights ieserved. Page 2of3 NADAguides.com Value Report Reference Number 394922 Edition May -June 2017 Date 05/30/2017 Year Mfg'd Manufacturer Trade Name State Region 1996 CHAMPION Unknown CO MO Accessories SKIRTING TO 30" HIGH (Measure Around Perimeter) Metal or Vinyl (Vertical) 140 lin. ft. 5+ Yrs $2.14 $209.00 Total SKIRTING TO 30" HIGH (Measure Around Perimeter) $299.60 STEPS Wood -3 Steps 2 ea. 5+ Yrs $241.00 $482.00 Total STEPS $482.00 Total Accessories $781.60 Total Additional Features $2,43&60 Oppfright O2017 National Appraisal a.iides Inc. All lights resemd. National Appisal Guides, Inc. is asti ategic ally of J, D Powei and Associates. © J.D. Rowel and Assod aces 2017, all rights I esei ed. Page 3 of 3 On Jul 14, 2017, at 5:20 PM, CTB-County Board of Equalization wrote: Good Evening, The attached pdf is password protected. If you would like it included in your appeal, please re -send the attachment in an openable format. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4225 cimage002.jpg> 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: weld-oboe@weldgov.com Irnailto:weld-cboe@weldgov.comj Sent: Friday, July 14, 2017 4:45 PM To: CTB-County Board of Equalization <weld-cboe6co.wsId.co.us> Subject: Board of Equalization Appeal Submitted Appeal Submitted: 04:44 PM on Friday July 14, 2017 Contact Information Supplied: • Contact Name: Paul Echternacht • Contact Email: p_echternacht@q.com • Contact Phone: (303) 857 - 2583 • Email Preference: Contact through email Property: M6775813 - 7306 HAROLD ST , WELD Legal: L5 BLK24 ARISTOCRAT RANCHETTES IMPS ONLY Estimated Value: $ 8500 Reason: See attached documents. Documents 1.) 2017_mobile_home_valuation.pdf 2.) 2017_valuation_protest2.doc You have selected the following Date Preferences: Hello