Aspen, Junk close to settling sign case
November 11, 2010
ASPEN – A settlement is in the works between the city of Aspen and Junk over alleged sign-code violations committed by the downtown restaurant in September.
Junk’s attorney, Jeff Wertz of Aspen, and James True, the city’s special counsel, told municipal court Judge Brooke Peterson on Wednesday that an informal agreement has been struck. It includes issuing a one-year deferred sentence to Mill Street LLC, which owns the restaurant, and either Junk managers Gina Boccadoro or Liza DeGraff.
The parties are scheduled to return before Peterson on Nov. 24, at which time the agreement is expected to be formalized.
True, on Nov. 4, filed amended complaints against Mill Street LLC, Boccadoro and DeGraff, claiming the upstart restaurant violated the city’s sign code by erecting a “Junk” sign outside of the restaurant and without a permit. Additionally, the sign was allegedly out of compliance with the city’s “sight lettering height” regulations and sign-size rules.
If the Junk parties accept the deferred sentences, it means the convictions will disappear from their records if they comply with the city’s sign ordinances within one year of the issuance of the sentences.
“Our chief goal is that the vending sign does not return for at least the next year,” True said.
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Wertz appeared on board with the tentative agreement.
“I’ve conveyed the offer to my clients,” he told Peterson. “A decision has not been made … We’ll either take the deal or not, but we’ll probably take it.”