| (a) An unlawful sign is a commercial sign that:
(1) is erected or maintained without obtaining a permit
required under §21.153 of this subchapter (relating to Permit
Required);
(2) is not removed after its permit is canceled under §21.173
of this subchapter (relating to Void Permit) or §21.174 of this
subchapter (relating to Cancellation of a Permit); or
(3) is not erected in compliance with §21.159
of this subchapter (relating to Decision on Application).
(b) The department will issue a notice by certified
mail to the person that the department identifies as being responsible
for an unlawful sign. The notice will state:
(1) the reason the sign has been determined to be unlawful;
and
(2) the date by which the person is required to obtain
a permit for or remove the sign if it is not eligible for a permit.
(c) If the person responsible for the sign does not
obtain a permit or remove the sign before the date specified under
subsection (b)(2) of this section, the department will:
(1) demand the sign's removal at no cost to the state;
and
(2) impose administrative penalties under §21.191
of this subchapter (relating to Administrative Penalties for Commercial
Signs).
(d) If the sign is not removed before the 46th day
after the date that the demand is sent under this subsection (c)(1)
of this section, the department will seek an injunction for the sign
to be removed. The department will rescind the removal demand if the
department determines the demand was issued incorrectly.
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