Last night during closed session, the City Council voted to have the City take legal action against Tinhorn Flats to force them to close their doors.
When asked the timeline for filing the suit, Simone McFarland, Public Information Officer for the City of Burbank said in an email, “I don’t have a timeframe. We are working on assembling the paperwork needed.”
At a public hearing on Monday, February 22, the City Council voted 5-0 to revoke the Conditional Use Permit (CUP) that allowed Tinhorn Flats to open its doors. The day after the hearing, Tinhorn Flats continued to operate although they had their County Health Permit has also been revoked.
According to a press release from February 23, the following conditions were cited in revoking their CUP:
Condition of Approval No. 31: “The applicant shall comply with all federal, state, and local laws. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit.”
Condition of Approval No. 32: “Project No. 11-0000126 may be modified or revoked by the City should it be determined that the use or conditions under which they were permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained so as to constitute a public nuisance.”
Additionally, Tin Horn Flats was cited for not meeting the Burbank Municipal Codes that require a restaurant to hold a valid health permit to operate and for refusing to obey the lawful orders of the director of County Health.
The City issued the following statement today about the vote taken yesterday:
On Tuesday, February 23, 2021, the City Council unanimously authorized the initiation of a civil action against Tin Horn Flats to seek closure of the restaurant. The City is acting as expeditiously as possible within the confines of the Court system. More details as to the specifics of the action and the defendants will be released upon inquiry once this action is filed in court.
Burbank City Attorney Amy Albano says the City will have to wait until the civil action is filed to come up with a timeline for closure or if the City can get a temporary restraining order, ” This will be answered once the suit is filed.” she responded in an email. She also said it would be up to the court on how the City goes about shutting down the restaurant and who will do it. Some options include the City (under court direction) cutting off water and power or even the Sheriff’s Dept. go out and padlock the doors.
Taking this kind of action is rare in the City. When asked the last time the City had to take this kind of action against a business in Burbank, Albano said, “I have no idea if we have done a revocation hearing before. This is the first one in my over 9 years being City Attorney for Burbank.”