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(4) The covenant restrictions may be removed if the owner eliminates the <br />accessory dwelling unit. <br />(5) The covenant restriction shall be enforced by the Director of Planning and <br />Building or his or her designee for the benefit of the City of Santa Ana. <br />Failure of the propertV owner to comply with the covenant restrictions may <br />result in legal action against the property owner and the City shall be <br />unit in violation of the recorded restrictions or abatement of the illegal unit. <br />exception which shall be heard by the zoning administrator pursuant to Article V of this <br />chapter. Such application may include a request to vary from the standards of section 41- <br />194. The decision of the zoning administrator on such application may be appealed to the <br />planning commission pursuant to said Article V. <br />Section 5. Section 41-236 of the Santa Ana Municipal Code is hereby amended to <br />read as follows: <br />Sec. 41-236. - Rear yards in the R1 district. <br />There shall be a rear yard setback of not less than twenty (20) feet. This seGtioa <br />she'! Rot apply to legal seGend dwelliRg units. <br />Section 6. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />Ordinance No. NS -XXX <br />Page 11 of 12 <br />75D-45 <br />