(A) No person shall engage in solicitation for real estate listings within the village unless such person has filed a “Notice of Intent to Solicit” in accordance with the procedures set forth in this section.
(B) Not less than 15 nor more than 30 days prior to the date on which a person proposes to engage in solicitation for residential real estate listings within the village, such person shall file with the Village Clerk a “Notice of Intent to Solicit.” The notice shall be submitted on the form set forth in Appendix B of this chapter, and shall contain the following information:
(1) Name, business address and telephone number of the person filing the “Notice of Intent to Solicit.”
(2) Addresses of parcels of residential real estate whose owners or tenants the person proposes to solicit. If the solicitation will encompass a definable geographic area, such area may be described as a whole and individual addresses need not be listed.
(3) Dates of proposed solicitation (not to exceed a two-week period).
(4) Names of communities in which the person has engaged in solicitation within the preceding six months.
(5) A sample of the material proposed to be distributed.
(C) The Administrator shall review the notice and material within ten days of the filing of the notice, taking into consideration the existence of each or any of the following elements:
(1) Whether the area in which the person intends to solicit is stable as determined under the provisions set forth in division (D) of this section;
(2) Whether the areas immediately adjacent to the area in which the person intends to solicit are stable;
(3) Whether the person has a favorable past record of working with the village to effectuate fair housing and affirmative marketing practices.
(4) Whether the person has been found guilty, or has been convicted by a court of competent jurisdiction or a duly constituted administrative body, within the past 12 months for violation of any federal, state or local law regarding fair housing practices;
(D) In determining whether an area is stable the Administrator shall base the determination on the following factors:
(1) Whether the number of homes for sale in the area is comparable to the number of homes for sale in Proviso Township (hereinafter referred to as the “Township”);
(2) Whether the sales price of homes in the area is comparable to the sale price of similar homes in the Township;
(3) Whether mortgage availability, mortgage rates, and financing terms offered for homes or to buyers in the area are comparable to the availability, rates and terms offered for similar homes in the Township.
(4) Whether the availability of homeowner's hazard and mortgage insurance offered for homes in the area is comparable to the availability of such insurance offered for similar homes in the Township.
(5) Whether the premium charged to buyers and homeowners in the area for homeowner's hazard and mortgage insurance is comparable to the premiums paid by owners of similar homes in the Township.
(E) If within ten days of the filing of the “Notice of Intent to Solicit” the Administrator determines that the intended solicitation:
(1) Is an attempt to induce any person to sell or rent any dwelling through representations regarding the entry of a particular race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, gender identity, or housing status; or
(2) Will disturb the stability of the area or deprive residents and prospective purchasers of the benefits of living in an integrated society; or
(3) Is being proposed by a person who has not engaged in activities which effectuate the practice of fair housing and affirmative marketing; or
(4) Is otherwise in violation of the terms of their ordinance; the Administrator shall notify the person in writing of such determination. Within ten days after notifying the person of the determination the Administrator shall request the Village Attorney to seek immediate relief to enjoin the solicitation described in the Notice of Intent to Solicit.”
(F) Any person who fails to file a “Notice of Intent to Solicit” or who engages or attempts to engage in solicitation at a time or in place or manner different from that set forth in the “Notice of Intent to Solicit” shall be in violation of this section and shall be subject to a fine as set forth in this chapter.
(`95 Code, § 94.30) (Ord. 81-20, passed 9-23-81; Am. Ord. 06-33, passed 3-22-06) Penalty, see § 94.99