Family claims they were told everything was clear
According to Burger, the trouble began on April 3 when city crews marked the family’s property under the city’s Clean Neighborhood Ordinance. Concerned, Burger reached out to city offices and said she was told on April 14 that everything had been cleared and they were in compliance.
The city's Clean Neighborhood Ordinance, designed to keep properties in Niagara Falls safe and sanitary, allows the city to post a cleanup notice, give owners 10 days to fix the problem and then step in if the work isn’t done. Once that happens, the owner is billed for labor, equipment and administrative costs.
A week later on April 21, the Burger family came home to find their garden had been removed — plants, blocks, signs and all. Then came the fine: $2,296.49.
“We never got a letter, never saw a sticker,” Burger told WGRZ News. “We were told we were cleared, then they tore everything out. We would've cleaned it up if someone had just told us.”
But city leaders tell a different story.
Councilman Jim Perry told reporters that the city received complaints about the property for 18 months and sent multiple notices. When the family didn’t respond, the city issued a ten-day cleanup warning. When no action was taken, the city removed the garden because it had crossed beyond the sidewalk and was considered a hazard to the neighborhood.
The family alleges they never received proper notice and could not afford the fines. After community backlash, the family was able to raise funds to pay off the fine. While the City of Niagara Falls says the Clean Neighborhood Ordinance was properly applied, others believe the city overstepped.
Sean Mapp, who is running for Niagara Falls’ 4th District Legislature, visited the family and shared this statement:
“The garden they built was not just decorative, it was a point of community pride, a peaceful space that added value to their neighborhood,” Mapp shared with NewsNation. “We should be encouraging residents who want to beautify and uplift their surroundings, not discouraging them.”
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Learn MoreHow to avoid fines and city action
If you’re a homeowner and want to avoid a similar situation, here’s what you can do:
Know your local laws
Review your city’s property maintenance ordinances — most are available on the city’s website or by request at city hall. If you don't like the current rules, lobby to change them. Native plants and wildflower gardens are becoming more popular in many cities.
Respond to notices immediately
If you receive a sticker, letter or a call about a violation, act quickly. Ten-day cleanup orders are standard in many cities, but responding can help you avoid fines. If you’re not sure what’s required, ask the city for a written explanation and confirm what needs to be cleaned up and by what date.
Document everything
If you believe you're in compliance, take photos and write down who you spoke with and when. Keep any emails or letters from city departments, as this information will be helpful if you need to appeal later.
Appeal or challenge fines
Most cities have a hearing or appeal process. If you believe the city acted unfairly or in error, request a hearing before paying the fine.
Reach out to local leaders or media
If you feel you’re being mistreated or ignored, contacting your council member or a local news outlet may bring attention to the issue. They may be able to connect you with resources or clarify any misunderstandings.
For the Burger family, the damage is already done, but their story may serve as a warning for other homeowners navigating city rules.
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