City of Burbank Red Tags Tin Horn Flats Building

Red Tagged TinHorn Flats Photo by Ross A Benson)
Red Tagged Tinhorn Flats ( Photo by Ross A Benson)

After serving a notice on Tuesday that their business would be ‘red tagged’ on Wednesday, the City of Burbank carried through their promise today and posted a red tag on the front of Tinhorn Flats. The red tag signifies that the building ‘has been identified as unsafe and as such, the building may not be used or occupied.’

According to the release, “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.”

On a Facebook post earlier in the day, an individual can be seen cutting a lock off of the door. It is unknown if they entered the building. Another post called for a protest today at 2:00 pm. Burbank police deployed their motor officers to the scene. So far, no incidents have been reported.

This action was taken after a court last week continued the hearing for a permanent restraining order to keep the business closed until it came into compliance with County Health Codes. The hearing was continued to April 9 after the Tinhorn Flats lawyers argued that they had a meeting with both the Mayor and Vice-Mayor of Burbank and were working on a resolution to solve the matter. A temporary restraining order is still currently in effect.

Both Bob Frutos and Jess Talamantes have not returned emails asking for a comment or what the City had offered or intended to offer.

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There were an estimated 25 to 50 people at the protest.

Here is the release sent out by the City of Burbank at 2:51 pm today (March 31).

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served with administrative citations for violating the City’s zoning codes because their Conditional Use Permit had been revoked by the City Council.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 TemporaryRestraining 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 BurbankMunicipal 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.

Red Tagged TinHorn Flats ( Photo by Ross A Benson)


  1. Dear fellow Burbankers:

    For those of us watching the City’s budget, this is deeply concerning to me. The City Attorney’s budget rose yet again to over $4 million a year.

    The Tinhorn Flats case has cost taxpayers big money.

    Clearly by now our residents are aware that they should not frequent the establishment if they wish to support the City and County’s “mission” to close this business.

    It has become merely a test of wills and I am not for it.

    The City of Burbank is facing an unprecedented deficit in the millions. The City Attorney cannot be spending money this way.

    And while our leaders hand out gifts to those who ask and place golf courses at the top of their agendas, our small business community languishes.

    Property owners are told they cannot collect rents while banks demand mortgage payments be paid on time.

    The permits and plan checks are taking a very long time (8 to 12 weeks) while the City tap dances in court with Tinhorn Flats.

    We need leaders with business experience to bring us back on track. Burbank is becoming a welfare city, not the incredible business community it once was.

    I submitted an inquiry about a proposed business opportunity involving a really big store and no one followed up on it.

    This is how things are going right now.

    We need change in 2022. We need new leaders who will focus on opening (and re-opening) our businesses.

    I invite you to post replies to my comments.

    • “Burbank is becoming a welfare city…”

      Uhhh huuhh… you lost me with this talking point, buzzword nonsense.

  2. I support the city’s actions all the way. It is worth every penny of tax payer’s money for enforcement.

  3. So the building is red tag!!! Is this bldg infected? Or is this politics?
    How many individuals got infected with covid from this place??
    What is really sad is how many people died in nursing homes here in Burbank. I haven’t seen those nursing homes red tag. Those seniors were trapped. Burbank do your homework.

  4. Good riddance to this cesspool of MAGA morons and their dirty covid burgers. Burbank deserves better.

  5. Glad to see BPD finally doing their job. The building is freshly boarded up this morning.

    Yes Christopher Spencer we know you disagree with city priorities because they don’t cater to the priorities of your specific interests with regards to the homeless. You post a huge screed every time, with the same complaint. And no Burbank is not becoming a “welfare” city no matter how you want to paint the picture. The city has already started re-opening and is moving towards the next tier.

    If you want to change priorities, run for city council.

  6. I’m going to miss seeing all the true patriots mingling around Tin Horn every day as I drive home. Truly looking forward to their next move in the constant battle against inevitability. Onwards and upwards my beautiful mouth breathing soldiers!

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