SALEM The city of Salem and its officials have asked a federal judge to dismiss a lawsuit filed by local property owners challenging the city’s new rental inspection ordinance. The city denies allegations that the ordinance is unconstitutional or that the fees associated with it are an illegal tax.

The lawsuit, filed by Mark Courtney of Alliance and others, alleges that Salem’s ordinance, which requires inspections for all rental units, mandates a "warrantless government search" in violation of the U.S. and Ohio Constitutions. Courtney also claims that the fees of $117 per rental unit for applications and licenses are an unlawful tax.

In a document filed in U.S. District Court, the Salem defendants, including the city, Director of Housing Kayla Crowl, and Housing Inspectors Jarrod Richter and Richard Snyder, deny Courtney’s characterizations of those actions.

The city denies that it mandates a "warrantless government search." The city also refutes the claim that the fees constitute an unlawful tax, asserting that it has the authority to implement the fees under the Ohio Constitution and state law.

The defendants say that all or part of the lawsuit is barred by governmental immunity and that the plaintiffs have not exhausted all administrative remedies.

The lawsuit was originally filed after Courtney received invoices and applications for occupancy licenses from the city's housing inspection division.

Courtney argues he is being "coerced" into consenting to the searches to avoid criminal liability and to maintain his right to rent his property and seeks a judicial declaration that the inspection requirement is unconstitutional, a refund of fees, and an injunction to prevent the city from enforcing the ordinance.

The city's answer denies that it has been enriched by the fees and states that any damage claimed by the plaintiff was caused in part by Courtney. It also includes a demand for a jury trial.