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Inspection visit

complaint

VIVANTE ON THE COASTLicense 3060045821 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

CONTINUED FROM LIC9099 Upon being notified, facility staff held a meeting with resident R1 who at this time requested the ability to temporarily dwell in a temporary unit for the duration of the notice. At this time, both residents R1 and R2 had expressed the fact that they no longer wished to share a unit. R1's request was declined on the basis of availability, however no other provisions were offered to provide resident R1 with safe and healthful accommodation for the time period during which he was still admitted at the facility. On October 27, 2022, resident R1 is stated to have removed his belongings from unit 332, at which time his access to the unit via key fob was revoked. At this time, resident could only access the common and dining areas of the facility even though the terms of the admission agreement were still in place until November 19, 2022. On October 30, 2022, it became apparent to facility staff that resident R1 was dwelling in the common areas of the facility. R1 is also stated to have attempted to move in with another resident on the following day. A meeting was held with resident R1 and administrator Robert Fiorentino during which resident R1 was asked to leave the premises and provided with a 3-night stay at a local hotel. Resident left the facility then and did not return. At no point in the process of terminating resident's R1 admission at the facility did the facility provide R1 with a written notice of termination. While facility staff state that R1 would have been unable to financially assume the responsibility of staying in a single unit, at the time of the resident's removal from the facility no delinquent fees or notice of late payments had been documented. Resident R1 was found to have no stable accommodation following the expiration of his paid stay at a hotel. A report was made to Adult Protective Services and County Social Services to relocate R1. On the basis of records reviewed and interviews conducted, the allegation that Facility conducted an unlawful eviction is deemed Substantiated, meaning that the preponderance of evidence standard has been met. One deficiency is cited today per Title 22 of the California Code of Regulations. An exit interview was conducted and a copy of the report along with appeal rights were provided.

Citations

1 citation recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 87224(a)Type B

    The California Code of Regulations Section 87224(a) regarding Eviction Procedures states that: "(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required" .This requirement was not met as evidenced by the fact that the facility requested the removal of reisdent R1 from the facility's premises while resident was still under the facility's responsibility without the required thirty day written notice. This deficiency constitutes a potential risk to the health, safety or personal rights of the individual in care.

FAQ · About this visit

Common questions about this visit

What happened during the February 15, 2023 inspection of VIVANTE ON THE COAST?

This was a complaint inspection of VIVANTE ON THE COAST on February 15, 2023. 1 citation were issued: 1 Type B.

Were any citations issued to VIVANTE ON THE COAST on February 15, 2023?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "The California Code of Regulations Section 87224(a) regarding Eviction Procedures states that: "(a) The licensee may evi..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.