No home improvement contractor, real estate broker, salesman or any agent thereof, or other person, shall telephone or personally call upon, or mail or hand deliver literature to, the home of an owner of a single home, concerning improvement work or a listing for sale of real estate of such home owner, or for any purpose relating to the sale of such owner's property, after receiving a written notice not to communicate with such home owner for such purpose, so long as the notice is submitted in accordance with the procedure outlined herein.
The provisions of this section shall not be applicable to any person who has publicly listed and/or advertised his or her home for sale.
(a) Notice. The written notice referred to hereinabove shall be deemed sufficient as to any home improvement contractor, real estate broker, salesman, any agent thereof, or other person, so long as the following specific requirements have been satisfied:
(1) The home owner has signed a written form listing the address of such home, specifically stating the he or she does not wish to have home improvement work done to his or her home or to sell his or her home and that he or she does not wish to be contacted in person at his or her home or by telephone, or receive hand-delivered or mailed literature soliciting a home improvement contractor or real estate listing or sale by any real estate broker, salesman or other person.
(2) This written notice, or the contents of the written notice, have been communicated to the licensed broker, or other person, either by the home owner directly or by representatives of the City, in accordance with the procedure hereinafter described. Notice to home improvement contractors or a licensed broker shall be notice to all salesmen and other employees of that contractor or broker.
(3) The homeowner form described in paragraph (a)(1) hereof may be negated by the same form of written notice to that effect communicated to the contractor, broker, salesman or other person.
(b) Records and Procedure. The Building Commissioner is authorized and directed to maintain records for the purposes set forth in this section, which records shall be open at all reasonable times for inspection by the public.
Upon receipt of the written notice described in subsection (a) hereof, from a homeowner or homeowners, the Building Commissioner shall submit in writing to the home improvement contractor, real estate brokers or other affected persons doing business in the City, a list of those persons, together with their respective addresses, who have invoked the terms of this section by notifying the Building Commissioner, in writings that they did not wish to be contacted in person or by telephone, or to receive mail or hand-delivered literature soliciting a home improvement contractor or a listing or the sale of his or her real estate.
(c) Venue. In the event of a violation of this section by telephone call or mail from outside the limits of the City, the violation will be deemed to have been committed either at the place where the telephone call or mail was originated or at the home of the recipient of such telephone call or mail.
(Ord. 26-1984. Passed 2-6-84.)