In this subtitle, the following terms have the meanings indicated. “City structure” means, except as provided in paragraph (2) of this subsection, any building or other structural improvement to real property that:is owned by the Mayor and City Council of Baltimore; and has been or is being used for a municipal function or public purpose, including offices, work places, schools, fire stations, police stations, monuments, recreation facilities, neighborhood centers, and the like. “City structure” does not include:any subsurface infrastructure or its appurtenances; any operational facility not routinely open to the public; or any structure (other than a building), to the extent that the structure:is located on, over, or under a street, alley, or other public way or land; and is designed, constructed, controlled, and maintained by and under the authority and supervision of the Director of Public Works, the Director of General Services, the Executive Director of the Parking Authority of Baltimore City, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. Ord. 16-451 Ord. 22-125 The application of the definition in paragraph (b)(2) to school buildings has subsequently been limited by Chapter 607, Acts of 2016. Among other things, Chapter 607 amended State Economic Development Article § 10-645 to add new subsection (m), as follows Notwithstanding any other provision of law, a demolition or partial demolition of a school building under the Baltimore City Public Schools’ 10–Year Plan shall be exempt from any required notice to the Baltimore City Council or the President of the Baltimore City Council.

This subtitle does not apply to a City structure for which the Building Official or his or her designee has certified in writing that its demolition is an emergency measure necessary to protect life, health, safety, or property from imminent danger. Ord. 16-451

No City agency, official, employee, or contractor, nor any other person may undertake, approve, or allow the demolition, in whole or substantial part, of any City structure unless the agency proposing the action first submits to the President of the City Council, for publication in the Council Journal, a notice describing the structure and proposed action. If, within 30 days of the notice’s publication in the Journal, the President has received no objection to the proposal from any Councilmember:the President shall so notify the agency that submitted the notice; and without need for further action by the City Council, the agency may proceed with the proposed demolition. If a timely objection is received from a Councilmember:the President shall so notify the agency that submitted the notice; and the demolition may not proceed unless:expressly authorized by an Ordinance of the Mayor and City Council; or the structure remains unoccupied for 3 years or more following the publication of notice under subsection (a) of this section. Ord. 16-451 See Note to <cite data-path="|5|§20A-1|(b)">§ 20A-1(b) of this subtitle</cite> for this section’s limited application to school buildings.

On introduction of any proposed ordinance to authorize the demolition of a City structure, the City Council shall refer the bill to the following for their written reports and recommendations:the Planning Department; the agency or public official that has or will have control over the City structure; and any other agency that the Council President designates. The City Council may not place the bill on the Council’s second reading calendar until the Planning Department and the agency or official in control of the City structure:submit their reports and recommendations to the Council; or fail to do so within 30 days of the referral. Ord. 16-451