In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the administrative
officer designated by resolution to administer this section 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 designated municipal body or administrative officer 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
may 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 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. 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 designated Borough body or officer,
as the case may be, 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 such Borough body or officer, at which hearing such 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 designated Borough body or officer shall
determine that such organization is ready and able to maintain said
open space in reasonable condition, the Borough shall cease to maintain
said open space at the end of said year. If the Borough body or officer
shall determine that such organization is not ready and able to maintain
said open space in a reasonable condition, the Borough 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 Borough body or officer in any such
case shall constitute a final administrative decision, subject to
judicial review.