(1) The erection of any advertising device without a permit from the department where one is required by this part 4, or the use or maintenance of any advertising device in violation of any provision of this part 4, is declared to be illegal. In addition to other remedies provided by law, including the department's ability to seek a court order enjoining violations, the department is authorized to institute an appropriate action or proceeding to prevent or remove such violation in any district court of competent jurisdiction. The removal of any advertising device unlawfully erected, used, or maintained shall be at the expense of the person who erects and maintains such a device. (2) Any person who violates any provision of this part 4, upon being found liable thereof, shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars for each violation, as ordered by a court of competent jurisdiction. Each day of violation of a provision of this part 4 shall constitute a separate violation. The department shall enforce the provisions of this part 4 through a civil action. (3) Only the department, or a person with the written approval of the department, may erect or maintain any advertising device located either wholly or partly within the right-of-way of any state highway that is a part of the state highway system, including streets within cities, cities and counties, and incorporated towns. All advertising devices so located without approval by the department are public nuisances, and any law enforcement officer or peace officer in the state of Colorado or employee of the department is authorized and directed to remove these devices without notice.
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