In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer 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 the notice shall include a demand that such deficiencies of maintenance be cured within 35 days, and shall state the date and place of a hearing which shall be held within 15 days of the notice. At such hearing, the 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 shall be cured.
If the deficiencies set forth in the original notice or in the modification shall not be cured within the 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. 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 administrative officer shall, upon his initiative or upon the request of the organization responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to the organization and to the owners of the development, to be held by the administrative officer, at which 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 administrative officer shall determine that the 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 administrative officer shall determine the organization is not ready and able to maintain the open space in a 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 administrative officer in any such case shall constitute a final administrative decision subject to judicial review.