ALBANY — County officials are seeking to slap a city towing garage with a $10,000 fine for violating a law meant to crack down on unscrupulous tow truck drivers — the first time officials have sought to enforce the consumer protection measure since it became law five years ago.

In a petition filed Tuesday in state Supreme Court, county lawyers accused Joe's Osborne Street Garage of illegally towing a car from a Homestead Avenue apartment house in February.

The county's bid to enforce the so-called predatory towing ban comes, however, as that same garage — a company often accused by angry car owners of having an unfairly quick hook — is suing to invalidate key provisions of the law as unconstitutional, prompting the towing company's lawyer to suggest the county is retaliating against his client for fighting back.

"Obviously, this is a retaliatory action because we filed the lawsuit," the garage's lawyer in the civil case, Lewis Oliver, said late Tuesday. "That's obviously what jumps out at you."

Oliver said he was unaware of the complaint until contacted by a reporter.

But County Attorney Thomas Marcelle said officials are duty-bound to enforce the law when a complaint is received.

"This has nothing to do with retaliating against them for filing the lawsuit. What this has to do with is a towing company that chose to ignore the law rather than abide by it," Marcelle said. "The bottom line is this for all the illegal towers out there: If you make an illegal tow, the county is going to tow you into Supreme Court."

The law, which does not cover tows ordered by police agencies, was sponsored by Latham Legislator Timothy Nichols in 2007 after residents of several apartment complexes complained of having their cars towed for seemingly minor or non-existent infractions, such as having a small section of their tires on the grass or the painted lines separating parking spaces.

Among other things, the law requires that a tow company have a signed agreement with the owner of a private parking lot before towing there, and that the owner — or his or her designated representative — be present for the tow.

Joe's Osborne Street Garage is accused of violating both those provisions on Feb. 22 when it allegedly towed a car from behind 19 Homestead Ave. in the city's Melrose neighborhood at the request of a tenant and without the property manager's knowledge. According to the petition, the car belonged to the sister of an upstairs tenant in the two-family home. The county also alleges the garage violated the law by charging too much — $135 instead of the $100 set in city code — for the tow.

In January, the garage's owner, Joe Gimondo, and three property owners from around the county sued, alleging the law violates the owners' private property rights and "undermines public safety ... to the benefit of criminal trespassers and thieves."

In February, the Times Union reported that the law had never been enforced since it went into effect, which is why, Oliver said, the plaintiffs never asked a judge to freeze enforcement while the lawsuit is pending.

"There was no reason for us to seek a stay," he said.

Violations of the law are punishable by fines ranging from $1,000 to $10,000. Marcelle said the county will seek a maximum.

"Just because they filed a lawsuit," he said, "it doesn't give them carte blanche to go around violating a local law."

Acting state Supreme Court Justice Gerald Connolly set a hearing in the case for Oct. 30.

jcarleo-evangelist@timesunion.com • 518-454-5445 • @JCEvangelist_TU