Niagara Falls Family’s Garden Torn Out Amid Dispute with City

NIAGARA FALLS, N.Y. — A family in Niagara Falls claims that city workers removed their cherished front yard garden without warning, leaving them with a fine of nearly $2,300. The garden, planted for their autistic son, was demolished under the Clean Neighborhood Ordinance, according to the family.

Justine Burger, the homeowner, said that on April 3, city crews flagged their property for issues linked to long-standing complaints. After contacting city offices, she learned on April 14 that the issue had been cleared. However, on April 21, city workers showed up and removed the garden, which included painted blocks and a welcome sign.

“We never got a letter, never saw a sticker. We were told we were cleared, then they tore everything out. We would’ve cleaned it up if someone had just told us,” Burger said.

The family is struggling to pay the fine, which they believe is unfair. Local Department of Public Works (DPW) employees have shown support, even providing them with a Home Depot gift card.

Councilman Jim Perry spoke to media representatives but did not grant an interview. He claimed that city officials acted on complaints received over 18 months, stating that they issued multiple warnings. When the family failed to respond, they were given ten days to address the issues. Perry asserted that the city’s actions were necessary for neighborhood safety.

Mayor Robert Restino and the DPW were unavailable for comments on April 29 but are expected to release statements on April 30.

Justine Burger and her fiancé, Kenneth Johnson Jr., were preparing to plant their garden for a fifth consecutive year when it was unexpectedly destroyed. “The DPW came and took all of our materials,” Burger remarked, while Johnson Jr. described the loss as devastating, saying, “They came and totally just destroyed my soul.”

The couple received their fine through the landlord, leaving them unable to afford the necessary materials to rebuild their garden, which began in 2020 as a project inspired by their son Kenneth III’s school assignment.

A fundraiser initiated by the community has already raised $650. “You can’t even begin to understand how much it means to us to have the community’s support,” Burger expressed.

Statements from Mayor Restaino are anticipated on Wednesday.