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 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 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
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.