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Brainerd committee directs legal action after staff verifies person living in commercially zoned property
Summary
The Safety and Public Works Committee authorized city staff to pursue legal action regarding an individual living at 113 Washington Street Northeast after staff received an incident report verifying occupancy of a commercial property.
The Brainerd Safety and Public Works Committee on Oct. 12 reviewed staff evidence that an individual is living in a commercially zoned property at 113 Washington Street Northeast and voted to direct staff to pursue legal action.
Staff presented the case and said an earlier letter had been sent but had not produced enough evidence to move forward; a later incident report led staff to recommend involving the city attorney. “With the new evidence that we have, staff is recommending pursuing legal action with the city attorney,” Community Development Director Krambek said.
The committee asked for clarification about what legal steps would follow. Krambek said the city attorney would best describe the process at full council but outlined an expected first step: an injunction notifying the occupant the use is against city code, followed by potential further legal action if evidence shows the person remains in the property. Krambek said such action “could lead to other potential legal action that could lead to a misdemeanor.”
A councilmember moved to proceed with legal action and a second was recorded. A voice vote followed and the chair announced the motion carried. The committee’s action is a direction for staff to pursue legal remedies; any formal charging decisions or court filings would be handled separately by the city attorney.
The committee moved to the next agenda item after the vote; staff will carry the case to the city attorney and the full council as appropriate for any additional legal steps or public hearings.
Notes: the committee discussed the matter during the Safety and Public Works Committee meeting; the transcript records a voice vote but does not specify individual vote counts.
