After getting direction from the Burbank City Council in a closed session on February 23, 2021, City Attorney Amy Albano has filed a civil action on behalf of the City against Tinhorn Flats that asks for the power to be disconnected and the doors padlocked.
The complaint list three causes for action which include operating without a County Health Permit, second, operating after their Conditional Use Permit (CUP) was revoked by the City of Burbank and, third, according to the complaint, “Burbank Municipal Code section 10-1-409 provides: ‘Any property, building or structure used, erected, constructed, moved or altered in violation of the Zoning Ordinance is declared to be a public nuisance.’ Each and every Defendant’s continued operation of Tin Horn Flats without a CUP violates the Zoning Ordinance and is a public nuisance per se.”
A City Council public hearing on February 22, 2021 ruled that Tinhorn Flats was in violation of their CUP by a unanimous vote.
Facts that were brought up in the hearing gave a timeline of the different violations Tinhorn Flats was accused of after the County Issued a Health Order that only let restaurants run a pick-up/take-out business and did not allow for any dining inside or outdoors at the restaurants. Health Inspectors also claimed to be threatened by customers during their visits.
According to the City’s action, it documented where Tinhorn Flats openly disregarded the Orders and used social media to document their actions.
The City has asked for the court to grant the following:
1. For injunctive relief prohibiting Defendants, as well as all of their agents, officers,and employees, from operating or allowing the operation of Tin Horn Flats without the necessary use permit and public health permit and/or in a manner that violates the Burbank Municipal Code;
- For injunctive relief to permit the City to disconnect the electric power at Tin Horn Flats until Defendants obtain all valid and legally required permits to operate Tin Horn Flats;
- For injunctive relief to permit the City to padlock the doors to Tin Horn Flats until Defendants obtain all valid and legally required permits to operate Tin Horn Flats.
- That Defendants’ conduct at Tin Horn Flats, as alleged above, be declared a continuing public nuisance pursuant to Civil Code sections 3479 and 3480 and Burbank Municipal Code sections 1-1-108 and 10-1-409;
- For an abatement order requiring Defendants, as well as all of their agents, officers, and employees, to undertake the necessary remedial measures to bring Tin Horn Flats into compliance with California law and the Burbank Municipal Code with respect to permitted restaurant operations;
- That Defendants, each jointly and separately, be ordered to pay attorney’s fees and costs of suit; and
- For any other relief that the Court sees as just and proper.
It is not known when the court will rule on the complaint.