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BURBANK, CA (March 31, 2021) – Today the City of Burbank red tagged the building located at 2623 West Magnolia Boulevard, known as Tin Horn Flats, after issuing a yellow tag yesterday.  This means that the building has been identified as unsafe and as such, the building may not be used or occupied. The prior yellow tag notification was the precursor to, and a notice that, the building would be red tagged on March 31.

This past weekend, the owner of Tin Horn Flats and its representatives have been served with administrative citations for violating the City’s zoning codes because their Conditional Use Permit had been revoked by the City Council. At this point the owner and their representatives have citations totaling $2,500.

Their Conditional Use Permit was revoked by Council on February 22, 2021, citing Tin Horn Flats’ flagrant disregard for life safety and violations of the Los Angeles County Health Officer Orders, which endangered the public health, safety and welfare, along with creating a public nuisance.  To date, Tin Horn Flats continues to operate without a County health permit.

On Monday, March 29, City staff formed a safety task force to inspect Tin Horn Flats for life-safety violations.  The task force was formed due to Tin Horn Flats continuing to operate even though their electricity had been disconnected as authorized under the Temporary Restraining Order (TRO) issued by the Superior Court. The TRO also ordered the restaurant to close until all necessary permits to operate were obtained.   Staff from the Fire Department, Police Department, Community Development, Burbank Water and Power, and City Attorney’s Office are part of the task force.

The Notice of Violations issued on March 30, included violations of the Burbank Municipal Code, California Electrical Code, California Building Code, Uniform Mechanical Code,and the Uniform Plumbing Code.  Tin Horn Flats cannot operate safely without electricity.

“There are multiple fire/life safety violations that have been brought to the business owner’s attention. These violations may create life safety hazards to any occupants in the structure,” stated Eric Garcia, Burbank Fire Chief.

The violations are concerning from a life-safety protection perspective.  Running cords from a generator to an electrical panel and using the electrical breakers as switches is a fire hazard.  Additionally, this is exasperated by non-working exit lights.

This morning the task force red tagged the building after clearing the building of all occupants without incident and the City padlocked the doors pursuant to the authority granted to the City in the TRO.

If anyone cuts the locks and reopens or enters the building, they can be taken into police custody for refusing to leave the building and the Burbank Police Department can take other appropriate action.

The City continues to pursue its civil suit in court and will return for a hearing on April 9, regarding the City’s request for a preliminary injunction to close Tin Horn Flats until it receives all necessary permits to operate.  The TRO already issued by the court is currently in effect until the hearing.  The red tagging of the building is separate from the civil suit and TRO issued by the court.

BURBANK, CA (March 18, 2021) – Last night, the City of Burbank removed the locks to resolve a life-safety hazard created by Tin Horn Flats who allowed patrons into the patio and inside the locked restaurant.

Tin Horn Flats continues to flagrantly ignore and violate Los Angeles (LA) Superior Court Judge’s orders to shut down restaurant operations, permitting the City to padlock the doors.  Tin Horn Flats cut the latch on the side door to operate the restaurant, letting people inside while leaving the front doors padlocked.  This created a safety hazard, which in an emergency such as a fire, could result in the loss of life.

After monitoring social media posts and seeing numerous people inside the locked building, the City Manager and City Attorney directed Burbank Fire along with Burbank Police to visit the establishment. Upon verification of people inside, the City unlocked the front door as this was the only responsible action to protect human life.

“Tin Horn Flats continues to be irresponsible in their actions.  Last night’s reckless behavior reflects a lack of concern for their patrons’ wellbeing. They continue to care more about defying the Court’s Orders than the health and safety of the community,” said City Manager Justin Hess.

The Fire and Police Chiefs do not condone this blatant disregard for life safety exhibited by the irresponsible behavior of Tin Horn Flats. “It’s shameful that Tin Horn Flats allowed people within their establishment while the front doors were still locked and in violation of the Judge’s Orders. If a fire had broken out during this event, people could have become trapped inside, which may have resulted in the loss of life,” stated Eric Garcia, Burbank Fire Chief.

“We are utterly disappointed in Tin Horn Flats’ behavior and do not support their actions as they continue to put the community at risk. They should be complying with the Court’s Orders and not be illegally operating,” said Burbank Police Chief Scott LaChasse.

“In reality, we don’t have the ability to affect immediate change and force Tin Horn Flats to close,” said Amy Albano, Burbank City Attorney. “This is why we are going back to Court.”

Another hearing is scheduled on March 26 for a Preliminary Injunction to continue to order Tin Horn Flats closure until they receive a new County Public Health Permit to operate as a restaurant, as well as a new City Conditional Use Permit to operate as a restaurant/bar.   If granted by the Court, the Order would be in effect until there is a trial or an appellate court overturns the Order.