June 2, 2021

Photo taken by Sarasota County code enforcement employee Harvey Ayers with his reflection in glass/window while trespassing.

A Sarasota code enforcement officer is accused of bullying and stalking. But official complaints receive little response.

TIMOTHY FANNING   | Sarasota Herald-Tribune
SARASOTA COUNTY — Harvey Ayers demanded to go inside the house. 

A code enforcement officer from Sarasota County, Ayers told area resident Eddie Lima and his girlfriend that he had a right to be inside their home to look around. Ayers threatened to take them to court and “drag (Lima's) girlfriend in front of a magistrate,” Lima said in a public hearing.
“I think he’s dangerous,” Lima told Sarasota County Commissioners in 2019. “I think that one day he’s going to do something bad to somebody.” 
Lima wasn’t the first and would not be the last person to plead with Sarasota County officials to rein in Ayers, a former Punta Gorda police corporal who was fired following investigations into his conduct. 
While county officials have told residents that they’re doing something about his behavior, they won’t say publicly or offer any evidence of what they’ve done since the complaints started to pour in four years ago. 

Eddie Lima during testimony in the Sarasota County Commission Chambers on June 5, 2019. SARASOTA COUNTY

Since 2017, at least 10 homeowners and contractors have filed a litany of grievances against Ayers, accusing him and the county of violating their constitutional rights. Five residents have given public testimony at commission meetings, six have filed written complaints, three have lodged reports with local law enforcement and one sued the county in March. 
Each complaint paints a picture of a rogue code enforcement officer who plays by his own rules. 
Some residents accused Ayers of bullying or stalking them at job sites outside of his jurisdiction and in his county work truck. 
Ayers' supervisor quits: Sarasota building official resigns amid turmoil over Sarasota Medieval Fair work
Previous issues: Waived inspection fees cost Sarasota County $7.4 million
Others told the county that Ayers routinely walks on to private property without permission to peer through windows or back doors — snapping photographs of the inside, according to complaints sent to department heads, the county administrator and elected officials. Sometimes he's wearing casual clothing, rather than his county uniform.
In some photos, used as evidence to document alleged violations, the outline of his body can be seen reflecting off the glass. 
After several residents complained about Ayers’ behavior during public testimony in 2019, Sarasota County Commissioner Nancy Detert said that she was uncomfortable that residents criticized the official — she called it “character assassination” — during the meeting's public input period. 
“I would just ask staff to look into it and report back to us to either clear the man’s name, which has just been disparaged publicly, or to alert us to any problems that we need to know about,” Detert said. 
Records show that no report was generated, and Ayers’ behavior continued for at least two years. 

Residents have told county that Ayers routinely walks on to private property without permission to peer through windows or back doors — snapping photographs SARASOTA COUNTY
The county has declined multiple requests to interview Ayers’ supervisors, along with planning and development services director Matt Osterhoudt, who oversees the county's code enforcement officials.

Osterhoudt, in a written statement, said that “Sarasota County government takes all complaints regarding code enforcement seriously and takes actions that are in the community’s best interest.” 

Ayers did not return multiple voicemails left on his cellphone. 

Richard Zebracki Sr., the president and principal officer of the Teamster's Union, which represents Sarasota County employees, did not return a request for comment. 
The Herald-Tribune also tried to reach building official Kathleen Croteau, who was Ayers' supervisor. Croteau was under investigation by various agencies for her involvement in the development of a new home for the Sarasota Medieval Fair. She resigned May 12. 
Ayers, who has worked for the county since 2014, has never been reprimanded, his personnel file shows. Performance evaluations written by his supervisor routinely praise him for his persistence and diligence.
Ayers also writes more code violations than his counterparts, records show. Since September 2016, Ayers has written 2,114 citations to homeowners for unpermitted construction work. He cited 370 contractors during that same timeframe. In comparison, Robert Lepley, the county's former supervisor of licensing and enforcement, wrote 1,846 violations to homeowners before he left the county in February. Lepley cited 290 unlicensed contractors. 

A notice of violation placed by Ayers on a home on Clear Creek Drive in 2019. 
SARASOTA COUNTY

A 'bully' accused of stalking

Beginning in April 2019, residents and contractors began speaking publicly at County Commission meetings about Ayers. Residents called him “a bully” and described several instances when he showed up unannounced and accused homeowners and contractors of doing unpermitted work. 
On April 23, 2019, Spiro Paizes, a local contractor, told commissioners that Ayers had been “stalking me on job sites outside of his jurisdiction.” 
Paizes filed a complaint with the Sarasota Police Department nearly a year before, telling the officer that Ayers confronted him verbally. Shortly after Paizes filed the report, he called the officer again to say that Ayers had been following him in his county work truck. 
Paizes, a multi-licensed contractor, has had issues with Ayers and the county’s code enforcement department since 2017. He said Ayers and other code enforcement officials harassed him for years, and he has brought issues before several review boards and panels.  
Paizes also founded the Sarasota County Citizens Rights Coalition after a pattern of Ayers’ behavior emerged through public records requests. The group has asked that Ayers and his immediate supervisors be fired.
“He’s going after people illegally, he’s bullying them, and he’s doing what he does with the full blessing from the county,” Paizes said. “We have to get these people out of public service.”
‘Threatened to put me in jail’
Beginning in February, six residents mailed and emailed formal complaints about Ayers to Sarasota County, addressing them to County Administrator Jonathan Lewis, Osterhaudt, heads of the building department and county commissioners. 
Only one of six complaints sent to the county received a response, according to records and interviews with residents. 
The complaints were also sent to the Herald-Tribune. When the newspaper tried to verify their legitimacy, the county’s records department said that it could not confirm the letters' authenticity, but U.S. Postal Service delivery records show they were received by the county. 
Stephen Sanford was among those to complain. 
The local contractor felt so threatened by Ayers that he also filed a report with the Sarasota County Sheriff’s Office. Sanford told a deputy in August 2019 that Ayers “coerced” him into allowing the code enforcement officer inside his home. 
Ayers “came to my home in a very threatening, rude and aggressive manner and threatened to put me in jail if I did not let him into my home,” Sanford wrote in one of three formal complaints lodged with the county. 
Records show that Ayers disputes the claims. He told the Sheriff’s Office that Sanford gave him permission to come inside and photograph his garage. 
But Sanford told deputies that he had already addressed his complaint with code enforcement and during multiple court proceedings.

'This isn’t an oops'

On Feb. 8, Karl Jasinski walked into the Sheriff's Office headquarters to similarly complain about Ayers. 
Jasinski insisted Ayers be criminally charged for entering onto his property on Midnight Pass Road in December without a warrant, according to the complaint. Jasinski told authorities that Ayers entered the backyard and started taking pictures. 
Jasinski "was borderline confrontational and appeared to have a vendetta against the inspector," according to the Sheriff's Office complaint. "He wanted the inspector criminally charged for entering onto his property without his permission or a warrant."
Megan Krahe, a spokeswoman for the Sheriff’s Office, said detectives who investigated both the Sanford and Jasinski cases determined it was not a criminal matter.
Jasinski was told to make a complaint with Ayers' supervisor.
The same day, Jasinski sent a written complaint to elected officials, the heads of the planning and development services department, the county administrator and the building department. 
Jasinski told the county: "Mr. Ayers went above and beyond to quash the reasonable privacy of the homeowner by taking photos up close and directly through the privacy curtains to capture the interior of the home that were not visible from the outside unless a camera with a flash is used a few centimeters away from the window/glass/curtain."

A photo of Sarasota County Code Enforcement Officer Harvey Ayers posted on Facebook. SARASOTA COUNTY CITIZENS RIGHTS COALITION

He added: "Mr. Ayers has now used these illegally taken photos that show a mere silhouette of the interior of the home to make numerous unsubstantiated claims that unpermitted work has been done." 
Sarasota attorney Robert Watrous represents two homeowners who also say their constitutional rights have been violated by Ayers. 
“This isn’t an oops,” Watrous said. “This is an intentional act by the county to invade the privacy of citizens and condoned by the county and its attorney’s office.” 
Sarasota County Attorney Rick Elbrecht responded to Watrous' allegations in a written statement. 
“We are aware of the allegations by Mr. Watrous and they are part of an independent investigation initiated by the county," Elbrecht said. "We are also aware Mr. Watrous has filed a lawsuit on behalf of other parties making similar claims and it is our policy not to comment on pending litigation.”
‘Creepy' and 'illegal’
Watrous filed a lawsuit against the county and one of its contractors in March on behalf of Siesta key residents Gregory and Jeanine Anderson. 
The Andersons allege in court documents that utility work done on the barrier island had caused significant damage to their home. They were in the middle of repairs when Ayers showed up. 
According to the complaint, Ayers violated their constitutional rights and illegally obtained evidence of code violations when he stepped within inches of their home and took photos of cabinets and the utility room. The Andersons said he didn’t check Sarasota County records before placing a stop work order. 
If Ayers had, he “would have readily seen the plans showing the revised scope of work for all of the elements of his stop work order,” according to the lawsuit. His actions caused significant delays.
Robert Proudian told the county on March 25 that he was home when Ayers walked into his backyard on Dover Street and took pictures through his rear window before taping a violation notice to his front door. 
Ayers accused Proudian of doing an interior remodel of his kitchen without a permit. Proudian said he was actually painting baseboards and doing other cosmetic work. 
“Ayers has written things in the violation that are just not true,” Proudian said in his complaint. 
He added: “One cannot illegally trespass onto someone’s property without permission and then peer into windows like a Peeping Tom, this is just creepy and is illegal.”
Ayers has 'disturbing history as former rogue law enforcement officer'
Code enforcement officers canvass neighborhoods and job sites in an effort to identify potential violations. The effort is meant to protect public safety, but legal experts say that these officials must abide by strict rules. 
Both the federal and state constitution prohibits code enforcement officersfrom entering someone’s property to inspect areas not in plain view. Homeowners must also give permission without being forced or threatened to do so. 
Ayers is accused of doing both and the county says he is now under investigation.
However, officials have refused to provide basic details about the probe, including when it began, its scope and who is conducting it. A complaint sent to the county shows that Ayers has continued the questionable behavior since as recently as March 23. 
County officials have also dismissed specific questions related to the concerns raised by residents and contractors. 
In the absence of county action, residents have formed a group called the Sarasota County Citizens Rights Coalition. Using public records of citations written and photos taken by Ayers and other code enforcement employees, the coalition says it has identified at least 53 additional victims dating back several years. 
In complaints and public testimony, residents have pointed to Ayers’ past as a law enforcement officer and questioned why he was hired in the first place.
“Ayers has a disturbing history as a former rogue law enforcement officer that is riddled with countless allegations that he violated citizen’s rights,” Jasinski wrote in his complaint to the county. “A man with this type of history will never be permitted into our home, and it is unbelievable to us that the county would allow him to interact with the public or visit citizen’s homes and property."
As a DeSoto County Sheriff’s deputy from 1997 to 2003, Ayers was the subject of nearly 40 professional standards investigations. He was suspended for losing his agency-issued firearm and investigated for beating an inmate in a DeSoto County Jail. 

At the Punta Gorda Police Department, 19 formalized complaints were filed against him, nearly half of which were substantiated, including allegations that he lied on arrest reports and to investigators. 
Ayers was fired from the Punta Gorda Police Department following an internal investigation in 2012 in which he allowed a woman who was riding along with him in his patrol car to carry a firearm and represent herself as a sworn law enforcement officer. 
Former Punta Gorda Police Chief Albert Arenal told Ayers in an interoffice memo that he was especially disappointed in Ayers’ “refusal to accept responsibility” for his actions. Ayers was found to have lied to investigators several times, records show. 
From our archives: ‘Wild’ video costs Punta Gorda officer her job
His suspension and subsequent termination made headlines. 
Ayers was also found to have searched the home of a disabled military veteran without a warrant. According to the investigation, Ayers told the man he would be detained in the back of Ayers’ police car for up to four to six hours if he did not consent to the search. Ayers was found to have used intimidation to gain entry and lied about it. 
Arenal wrote in 2012 that he was “deeply troubled” by Ayers’ behavior. 
“The law specifically prohibits coercion to obtain consent to search,” Arenal wrote. “We also recognize that not only do police officers have a duty to pursue criminal activity, we have an equally important duty to protect the constitutional rights of our citizens.” 
After leaving the Punta Gorda Police Department, Ayers worked as a loss prevention manager at Lowe’s Home Improvement store in Port Charlotte and was a store manager in training at CVS in Arcadia. 
Prior to hiring Ayers, the county conducted background checks and received a positive recommendation from his former supervisor. Records show that planning and development services management decided to move forward with his employment.
Fourth Amendment rights
Code enforcement is subject to the same kinds of limitations as law enforcement officers and aren’t allowed to search a property without permission from the owner or a warrant.
An inspector can go onto private property to ask for consent, just as trick-or-treaters might do on Halloween. 
Arenal wrote in 2012 that he was “deeply troubled” by Ayers’ behavior. 
“The law specifically prohibits coercion to obtain consent to search,” Arenal wrote. “We also recognize that not only do police officers have a duty to pursue criminal activity, we have an equally important duty to protect the constitutional rights of our citizens.” 
After leaving the Punta Gorda Police Department, Ayers worked as a loss prevention manager at Lowe’s Home Improvement store in Port Charlotte and was a store manager in training at CVS in Arcadia. 
Prior to hiring Ayers, the county conducted background checks and received a positive recommendation from his former supervisor. Records show that planning and development services management decided to move forward with his employment.
Fourth Amendment rights
Code enforcement is subject to the same kinds of limitations as law enforcement officers and aren’t allowed to search a property without permission from the owner or a warrant.
An inspector can go onto private property to ask for consent, just as trick-or-treaters might do on Halloween. 

Robert Proudian told the county on March 25 in a written complaint that he was home when Ayers walked into his backyard on Dover Street SARASOTA COUNTY

Six formal complaints mailed to the county since February, as well as a lawsuit filed in March, were from residents and contractors doing this sort of work in 2020 and 2021, records show. 
In these instances, any evidence collected, including photographs, would be considered inadmissible, Stephens said. 
“It’s a bad thing to violate the constitutional rights of people while performing a government service,” Stephens said. “If it’s being done systematically or extends to making threats to be allowed into houses, that’s probably beyond the limit a disciplinary authority would tolerate.” 
Osterhoudt, the director of Sarasota County planning and development services, said in a written statement that all county code enforcement officers adhere to federal and state law. He did not elaborate. 
Sarasota County Commissioners do not have authority over the day-to-day operations of the county. The only employees under their charge are County Administrator Jonathan Lewis and attorney Rick Elbrecht. 

Resident Robert Proudian told the county that Code Enforcement employee Kimberley Lineberry entered his property without permission and took photographs inside his windows.  
Commissioners Mike Moran and Nancy Detert did not return a phone call requesting comment. Ron Cutsinger, citing the active investigation, declined to comment. 
Commissioner Christian Ziegler says he knew few details about the Ayers issues or the complaints sent to elected county officials. In an interview with the Herald-Tribune, he said he expects employees to follow the county’s high standard of service. 
“My expectation as a county commissioner and a taxpayer is that we deliver proper customer service, follow all the proper protocol and engage in outstanding customer service for the citizens that pay for it,” Ziegler said. “Whether Harvey Ayers has or not, I am assuming the county administrator is going to get to the bottom of it.” 
Timothy Fanning covers Sarasota government for the Herald-Tribune. Reach Timothy at tim.fanning@heraldtribune.com or on Twitter: @timothyjfanning. Support the Herald-Tribune by subscribing today.

Learn more, at: WWW.HARVEYAYERS.COM