It shall be illegal to solicit any owner to sell or rent or list residential property at any time after such person has notice that such owner does not desire to sell, rent or list such residential property. For the purposes of this section, notice must be provided as follows:
(A) The notice may be given by the owner personally or by a third party in the owner's name, either in the form of an individual notice or a list, provided it complies with division (B) of this section.
(B) Such notice shall be explicit as to whether each owner on the notice seeks to avoid both solicitation for listing and sale, or only for listing, or only for sale, as well as the period of time for which any avoidance is desired. The notice shall be dated and either of the following shall apply:
(1) Each owner shall have signed the notice; or
(2) The person or entity preparing the notice shall provide an accompanying affidavit to the effect that all the names on the notice are, in fact, genuine as to the identity of the persons listed and that such persons have requested not to be solicited as indicated.
(C) The individual notice or notice in the form of a list with the accompanying affidavit shall be served personally or by certified or registered mail, return receipt requested.
(D) The Village Clerk shall publish and make available, without charge, notice forms which may be executed by owners of residential property in the village who do not desire to sell such residential property, or who do not desire to list for sale such residential property. The Village Clerk shall receive, file and index all notices submitted to the village on such forms by owners of such residential property, and shall compile a suitable list of the names and addresses of those owners who submit such forms. The Clerk shall publish such lists as follows:
(1) By maintaining a copy of said list in the office of the Village Clerk and making it available for public inspection and duplication, provided that a reasonable duplication charge may be made;
(2) By furnishing a copy of said list annually plus a quarterly list of additions and deletions to every real estate broker belonging to the local municipal listing services; and
(3) By furnishing a copy of said list to any person known to be soliciting owners of residential property within the village for the sale or listing of such property. For purposes of this division, a person is "known to be soliciting" when an owner or residential property in the village has notified the Village Clerk, the Administering Agency or the Administrator, that he or she has been so solicited.
(Ord. 10-03, passed 2-17-2010; Ord. 22-06, passed 3-22-2022)