In the case of a residential cluster, such as a townhouse or multifamily development, where the development is other than a complete rental project under single ownership, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development.
A. 
Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.
B. 
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 matter in which the organization has failed to maintain the open space in reasonable condition, and the 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 the 35 days or any permitted extension thereof, the municipality, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The 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 the year, the governing body shall, upon its initiative or before the request of the organization thereto 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 the open space in reasonable condition, the municipality shall cease to maintain the open space at the end of the year. If the governing body shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the municipality 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 governing body in any such case shall constitute a final administrative decision subject to judicial review.
C. 
The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.