City of Niagara Falls Destroys Family’s Garden, Slaps Them with Thousands in Cleanup Costs

SEE RESPONSE FROM MAYOR'S OFFICE: CITY HALL RELEASES SCATHING REBUKE OF MEDIA NARRATIVE AND PUBLIC RESPONSE AFTER DPW ACTION (CLICK HERE)

A Niagara Falls family is facing a financial setback after city workers removed what they say was a cherished front yard garden, citing violations of local property maintenance laws.

Justine Burger and her fiancé, Kenny Johnson, who have rented a home on Ontario Avenue for five years, received a bill totaling $2,296 last Friday. The charge stems from a cleanup operation conducted by the city’s Department of Public Works on April 21st which included the removal of cinder blocks, wooden logs, and other materials from both the front and back yards of the property. A refrigerator was also among the items cleared.

The action followed a complaint lodged with the city in March. According to officials, a notice was left at the residence on April 3rd warning the tenants of the need to correct multiple violations under the city’s Clean Neighborhood Ordinance. This ordinance enables the city to impose penalties on property owners or tenants who fail to maintain their premises in accordance with local standards.

The ordinance allows the city to recover costs for cleanup, disposal, and administrative processing if the violations are not addressed within a ten-day window.

The family said they had used the front yard as a garden space for several years, which began when their teenage son, who has autism, brought home a sunflower from school. The garden eventually expanded to include vegetables such as zucchini, squash, and green beans. They said they were preparing to transplant seedlings into the yard as part of their spring planting when the city arrived unannounced to clear the area.

City officials have stated that the grass area in front of the sidewalk is considered part of the public right of way and must be kept free of hazards for pedestrian safety. They also cited the presence of debris and potential tripping risks, some of which they say encroached onto neighboring properties. However, the City provided no proof of this.

While the fine was issued to the tenants, they say the terms of their lease make them responsible for city-imposed charges. If left unpaid, the cost could be transferred to the landlord’s property tax bill.

The family has publicly expressed frustration, saying they were not given the opportunity to make corrections before the cleanup occurred. Since the incident, they’ve received support from neighbors and members of the community, including offers to relocate the garden to a nearby yard.

Amid financial strain — compounded by a work-related injury that has left Johnson unable to work — the couple launched a GoFundMe campaign to help cover the unexpected fine. As of today, the fundraiser has brought in more than $2,700. The family says they plan to rebuild their garden in a new location.

The incident has sparked debate throughout the community, most of which has been critical of the City.

SEE RESPONSE FROM MAYOR'S OFFICE: CITY HALL RELEASES SCATHING REBUKE OF MEDIA NARRATIVE AND PUBLIC RESPONSE AFTER DPW ACTION (CLICK HERE)

City of Niagara Falls Destroys Family’s Garden, Slaps Them with Thousands in Cleanup Costs