(65 ILCS 5/11-31-2.1) (from Ch. 24, par. 11-31-2.1)
Sec. 11-31-2.1.
(a) If a municipality petitions for appointment of a
receiver pursuant to Section 11-31-2 of this Act and it clearly appears
from specific facts shown by affidavit or by verified petition or verified
complaint that immediate and irreparable injury, loss or damage will result
before personal service can practicably be had, a receiver may be appointed
upon a showing that the municipality attempted to give notice by any means
practicable and reasonably calculated to give actual notice under the
circumstances, including by telephone to the defendant's last known phone
number or by mailing to the defendant's last known address. If a receiver
is appointed pursuant to this subsection, another hearing shall be set at
the earliest practicable date.
(b) Within 10 days after the appointment of a receiver pursuant to
subsection (a) of this Section, the municipality shall attempt to obtain
personal service, but if unable to obtain personal service and a summons
duly issued in such action is returned without service stating that service
cannot be obtained, then the municipality, its agent or attorney, may file
an affidavit stating that the defendant is not a resident of this State or
has departed from this State, or on due inquiry cannot be found or is
concealed within this State so that process cannot be served upon him or
her, and also stating the place of residence of the defendant, if known, or
if not, that upon diligent inquiry affiant has not been able to ascertain
the defendant's place of residence, and the
defendant may be notified by mailing to the defendant's last known address
and posting at the real estate in receivership, or by such mailing and by
publication pursuant to Section 2-206 of the Code of Civil Procedure. In
cases where a defendant is notified by mailing and posting or by mailing
and publication and the defendant does not appear generally, the court may
not enter a personal judgment against the defendant, but may continue the
receivership and authorize the issuance of receiver's certificates to
become liens upon the real estate, as provided in Section 11-31-2 of this Act.
(c) For purposes of notice by mail to owners as provided in Section
11-31-2.1, if the municipality in which the real estate subject to
receivership is located has an owner registration ordinance, mailing to the
addresses of unserved owners at the addresses registered with the
municipality pursuant to the ordinance shall be sufficient. Notice shall
be deemed provided 4 days after mailing. The notice shall state the
caption and case number of the action, the address of the affected real
estate, the fact that a receiver may be or has been appointed, the
possibility that a lien may be filed against the real estate as a result of
the appointment, and the date, time and place of the next court hearing on
the matter.
(Source: P.A. 85-634.)
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