(a) In the event the Department finds that the Act as defined in this chapter, or any enforceable restriction, is violated by a county or city receiving open space subventions, the Department shall notify that city or county that the violation may result in a determination of ineligibility for open space subventions pursuant to Government Code 16146. Within 60 calendar days of receiving such notice, the city or county may request a hearing to contest the finding that a violation has occurred. Should the city or county fail to respond to this notice, otherwise fail to remedy the violation, or if the Department's finding of a violation be upheld following a hearing, the Director may certify to the controller that the city or county is ineligible to receive open space subventions.

(b) Nothing in this section shall limit the Secretary or Director's authority to otherwise pursue enforcement actions authorized by other state laws including but not limited to Government Code sections 16147 or 51294. A determination regarding subventions pursuant to this section shall not be construed as terminating the enforceable restriction in question.