In the event that such organization shall fail to maintain the open
space in reasonable order and condition, which means a condition free
of litter, garbage, debris, trash, dog or other animal waste, or any
other things which would cause an unsightly or offensive appearance,
the Borough Council may serve written notice, by certified mail, return
receipt requested, 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. Such notice
shall include a demand that the deficiencies of maintenance be cured
within 35 days thereof and shall state the date the place of a hearing
thereon, which shall be held within 15 days of the notice. At such
hearing, the Borough Council may modify by resolution 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 35 days, or any permitted extension,
the Borough, in order to preserve the open space and maintain the
same, for a period of one year may enter upon and maintain such land.
Such 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 and accepted by the Borough. Before the
expiration of such year, the Borough Council, 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 Borough Council. At the hearing the
organization and the owners of the development shall show cause why
such maintenance by the Borough shall not, at the election of the
Borough, continue for a succeeding year. If the Borough Council shall
determine that such organization is ready and able to maintain the
open space in reasonable condition, the Borough shall cease to maintain
the open space at the end of the year. If the Borough Council shall
determine such organization is not ready and able to maintain the
open space in as reasonable condition, the Borough may, in its discretion,
continue to maintain the open space during the next succeeding year,
subject to a similar hearing and determination, in each year thereafter.
The decision of the Borough Council on any such case shall constitute
a final administrative decision subject to judicial review.