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served with administrative citations for violating the City’s zoning codes because their Conditional Use Permit had been revoked by the City Council.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Their Conditional Use Permit was revoked by Council on February 22, 2021, citing Tin Horn Flats’ flagrant disregard for life safety and violations of the Los Angeles County Health Officer Orders,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.