No administrative penalty shall be imposed for an alleged violation of this chapter until an administrative hearing is held before the Secretary or the Secretary's designee after due notice has been given to the landowner or person who possesses or has use of the land in accordance with Delaware's Administrative Procedures Act [Chapter 101 of Title 29]. However, a landowner or person who possesses or has use of the land from which a nuisance plant has spread onto a neighboring property may enter into a written agreement with the Department of Agriculture specifying terms and conditions for the control or eradication of the designated nuisance plant. So long as all the terms and conditions are being complied with, there is no violation of this chapter.