(a) The department shall give written notice of encroachment to the owner of a sign that:
(1) is on property other than a state highway right-of-way;
(2) is maintained under a written permit or agreement; and
(3) encroaches on the state highway right-of-way.
(b) If the owner of the sign does not correct the encroachment before the 31st day after the date of receipt of the notice, the department may remove the sign under Section 392.033.