In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon, which shall be held within 15 days of the notice.
At such hearing, the governing body may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time,
not to exceed 65 days, within which they shall be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the governing body, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
governing body shall, upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
governing body, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the municipality
shall not, at the election of the municipality, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the governing body in any such case shall constitute a final administrative
decision, subject to judicial review.