A judge on Monday, March 8, ordered the closure of Tinhorn Flats after a civil suit was filed by the City of Burbank after the restaurant refused to close after losing both its Health and Conditional Use Permit (CUP) to operate.
Burbank filed the civil suit after last week and asked the court to not only close the restaurant but give Burbank the power to disconnect electricity and padlock the doors. The hearing, originally scheduled last Friday, was continued to today where the judge issued his ruling but did not grant Burbank the right to turn off electricity or padlock the doors, although he ordered the restaurant to be closed immediately until the next hearing later this month.
According to a release issued by Burbank, “The hearing on a preliminary injunction is scheduled for March 26, 2021. At this hearing, the judge could continue the closure order and add further orders during the period while the litigation is pending. If Tin Horn Flats continues to refuse to close, the City will return to court for further orders and enforcement.
Back on February 22, the City held a public hearing and revoked the CUP for Tinhorn Flats for the following violations:
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.”
The City also cited the Burbank restaurant 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.”