(1) Except as provided in 60-6-106, if an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102, the department may begin action under 60-6-104 for its removal at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.
(2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102.