HomeMy WebLinkAbout20172395.tiffAugust 9, 2017
Petitioner:
HUGHES STEVEN K
9652 SIERRA VISTA RD
LONGMONT, CO 80504-5408
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 #: 2017-2395 Appeal #: 2008216954 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
R5401886 Stipulated - Approved
Stipulated Value
$371,810 $223,000
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,
e<tz4,;/L„,ie
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 R5401886._
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STIPULATION (As To Tax Year_2017. Actual Value)
RE PETITION OF : It101886
NAME; Steven and Louise Hughes
ADDRESS: 9652 Sierra Vista Road
Longmont, CO
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Petitioner and the Weld Count. Assessor hereby enter into this Stipulation
regarding the tt* rear•2017 valuation of the s' jest. property, and jointly move the Board
of E'gtlalitlnn to enter its order based on this -Stipulation.
Petitioner and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
C 3-3 L3 BLK3 3 AS GRADE ESTATES
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 201?:
Total S371,810.00
, After further review and negotiation, Petitioner and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total 5223,000.00
5. The valuation, as established above, shall be binding only with rest to tax
year 2017.
6. Brief narrative as to why the reduction was made:
Review of sales in the area
7. Both parties agree that:
A hearing has not yet been scheduled before the Board ofEqualization.
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From:
To:
Subject:
Date:
Attachments:
weld-cboe@weldgov.com
CTB-County Board of Equalization
Board of Equalization Appeal Submitted
Sunday, July 16, 201.7 4:47:39 PM
valuation of the property.doc
Tax evaluation 2.docx
Appeal Submitted: 04:47 PM on Sunday July 16, 2017
Contact Information Supplied:
• Contact Name: Steven hughes
• Contact Email: icpdoc@grnail.com
• Contact Phone: (303) 709 - 2022
• Email Preference: Contact through email
Property:
R54O1886 -
Legal:
Estimated Value: $199,000
Reason: Impropoer evaulation of value. the property is not worth what the determination said.
Documents
1.) valuation of the property.doc
2.) Tax evaluation 2.docx
You have selected the following Date Preferences:
Evaulation of the county Sales Comparables Market Adjustment Grid
From reading the state rules governing the evaluation of property, the state expected the
counties to use the sales price of the past 2 years of sales of like property to make a
determination of property values. They do not say you are allowed to do a TmAdj Sales Price
adjustment to the sales prices of the house for those years. The state expected that the average
over two years to take out market swings and give a fair value for the property. It specifically
rules out doing broad sweeping ratio adjustments.
2. The Sales Comparables Market Adjustment Grid (SCMAG) list 4 comparablesl thru 4. Number 3
and 4 are the same house.
3. Number 1 and 2 are not comparable property types. They are residential horse property. This
puts them into a different class.
4. The SCMAG comparison was poorly done. Comp 3 had $50,000 to 100,00 worth of work
competed to get it ready to sale which is not shown. The other comparable #1 and #2 have
similar issues.
S. Comparable 1,2 and 3 also do not lose the use of 20% to 30% of it lot size to a very restrictive
pipe line easement and does not have 2 pipes line pumping thousands of gallons of gas and oils
across their property everyday.
6. I believe that a new SCMAG should be done.
Stevn Hughes Property owner account number R5401886
We are appealing the valuation of the property at:
9652 Sierra Vista Rd.
Longmont, Co 80504
Account number: 85401886
Property Owner: Hughes Steven K
The reason for appealing thevalue is not all factors affecting the value of the house were
considered.
These included but are not limited to:
1. Sinclair pipeline has a 50 foot right of way thru the property. It contains 2 pipe
lines, one six inch and one ten inch. This right of way almost makes the area
unusable. They have told us, all of the trees must be removed, no structures of
any type, and that the ground must be seeable from the air (this allows them to
inspect the pipelines). However, this right of way takes about 15% to 20% of the
total lot size. They are pumping thousand, maybe hundreds of thousands of
gallons of gas thru these pipelines every day. All of this devalues the property. I
estimate maybe $80,000 to $120,000.
The house requires a new roof. An estimate from Roof Check in late 2015 showed
this to cost $50,000. Not including repairs to the soffits, roof deck, etc.
3. A new septic system is probably needed. Estimated cost $20,000.
4. Weather damage to siding. Estimated repair cost $8000.
5. Damage inside the house and garage from leaking roof Estimated repair cost
$10,000.
6. Update kitchen. Estimated to cost $25,000.
7. No egress windows in the basement. This makes the basement not living space.
Estimate to install $20,000.
S. House needs painted. Estimated cost $4000.
9. House has no air conditioning. Estimated install cost 59000.
10. The house was built in 1972. The house needs major updating; Small bedrooms,
small bathroom, etc. S5000 to S 10,000
11. Flooring to be replaced. Estimated costs $5000.
A house sold in early 2016 down the street for approximately $325, 000. They were
required to make the following improvements; New roof, new septic system, paint the
house, new kitchen, new flooring etc. This effectively set the sale price less than
$250,000. They did not have a right of way thru the lot.
Considering all of the above, the property at 9652 Sierra Vista Rd is worth less than
$200,000,
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